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Showing contexts for: unregistered trade mark in M/S Micolube India Limited vs Rakesh Kumar Trrading As Saurabh ... on 30 March, 2012Matching Fragments
42. The aid can also be drawn from the Trade Mark Act, 1999 where the provisions relating to infringement and the rights conferred upon the registered proprietor specifically saves the principle of common law.
The said provisions read as under:-
CS (OS) No.1446/2011 Page 21 of 58"27. No action for infringement of unregistered trade mark.-
(1) No person shall be entitled to institute any proceeding to prevent, or to recover damages for, the infringement of an unregistered trade mark.
13. Had there been any intention of the legislature that the passing off would entitle a plaintiff to obtain an injunction, that could have been so expressly stated had been done in section 27 of the Trade and Merchandise Marks Act, 1958, which reads as under:-
"27. (1) No person shall be entitled to institute any proceeding to prevent, or to recover damages for the infringement of an unregistered trade mark.
(2) Nothing in this Act shall be deemed to affect rights of action against any person for passing off goods as the goods of another person or the remedies in respect thereof."