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19. It is admitted to the parties that the trade mark "Bandar Dholak Chhap" is not a registered trade mark of any of the rival parties, namely, the firm Ravindra and Company and the firm Arvind and Company.

20. Section 27 of the Trade Marks Act, 1999 (hereinafter referred to as the 'Act' reads as under:

"1. No action for infringement of unregistered trade mark. - (1) No person shall be entitled to institute any proceedings to prevent, or to recover damages for, the infringement of an unregistered trade mark.

(2) Nothing in this Act shall be deemed to affect right of action against any person for passing off goods or services as the goods of another persons or as services provided by another person, or the remedies in respect thereof."

21. It provides that no person is entitle to institute suit to prevent or to recover damages for the infringement of an unregistered trade mark. In view of plain and simple language of Section 27 of the Act, a suit for infringement of an unregistered trade mark or for an injunction in respect thereof is not maintainable.