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40. Section 15 of the Act provides for registration of the trade marks and a proprietor of a trade mark who claims to be entitled to the exclusive use can apply to register the whole and a part as separate trade marks. Sub-section (3) of Section 15 provides for registration of those several trade marks in respect of the same goods or description of the goods as enumerated therein. Section 17 provides for disclaimer. Chapter IV of the Act describes the effect of registration. Section 27 under said Chapter prohibits institution of proceedings to recover damages for unregistered trade mark and sub-section (2) provides for action against any person for `passing off' action. Section 28(1) gives exclusive right to the use of the trade mark on registration of a trade mark in Part -A or Part -B of the register and it would be subject to conditions and limitations prescribed for the use of such trade mark given under sub- section (1) of section 28 as provided under sub-section (2) of Section 28.

42. The Hon'ble Supreme Court in the case of CADILA HEALTH CARE LIMITED VS CADILA PHARMACEUTICALS LTD., reported in (2001)5 SCC 73 has laid down broad principles on which an action for passing- off can be brought about and it has stated the following factors are required to be considered namely;

"35. Broadly stated, in an action for passing- off on the basis of unregistered trade mark generally for deciding the question of deceptive similarity the following factors are to be considered: