Indian Kanoon - Search engine for Indian Law

7. Further amending Acts were passed, and the Act now in force is the Trade Marks Act, 1909, as amended by the Trade Marks Act of 1919. There were prohibitory sections in the said Acts which purported to make registration a condition precedent to a right of action to restrain or to obtain damaged for infringement of trade marks. Unregistered trade marks, notwithstanding the prohibitory sections of the Acts, are in many cases protected by the Courts in England in the "passing-off" actions, Section 45 of the Trade Marks Act, 1905, expressly provides that nothing in the Act shall be deemed to affect rights of action against any person for passing off goods as those of another person or the remedies in respect thereof.