Section 135(3)(c) in The Trade Marks Act, 1999

[Cites 0, Cited by 1] [Section 135(3)] [Section 135] [Entire Act]

Union of India - Subsection

Section 135(3)(c) in The Trade Marks Act, 1999

(c)where in a suit for passing off, the defendant satisfies the court—

(i)that at the time he commenced to use the trade mark complained of in the suit he was unaware and had no reasonable ground for believing that the trade mark of the plaintiff was in use; and

(ii)that when he became aware of the existence and nature of the plaintiff’s trade mark he forthwith ceased to use the trade mark complained of.

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Union of India - Subsection

Section 135(3)(c) in The Trade Marks Act, 1999