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(a) by virtue of any law in particular the law of passing off protecting an unregistered trade mark used in the course of trade;

Neutral Citation Number : 2023/DHC/000019 respect of a laptop shoulder bag, bearing the impugned mark, albeit in the form of a white cross on a red background, in which the amount chargeable was reflected as ₹ 1,11,112.50. Mr. Anand submits that the ₹ symbol for the Rupee came into force only on 15th July 2010, which was more than two years after the aforesaid invoice was issued, for which purpose he placed reliance on a Cabinet Circular dated 15 th July 2010 released by the Press Information Bureau, Government of India, approving, on that day, the symbol ‗₹' for the Indian rupee. Having, therefore, furnished a fabricated invoice in support of its application, Promoshirt was, according to Mr. Pravin Anand, ex facie disentitled to registration. Mr. Anand points out that there is no finding in the impugned order on this objection by the appellant.

33. I do not, therefore, intend to refer to the the (Swiss) Federal Act on the Protection of Trade Marks and Indications of Source, the (Swiss) Ordinance On The Register Of Appellations Of Origin and Geographical Indications for Non-Agricultural Products Regulations, which are laws in force in Switzerland with no extra-territorial application extending to India.

34. Section 11(3)(a) of the Trade Marks Act prohibits registration of a trademark if its use in India is liable to be prevented ―by virtue of any law in particular the law of passing off protecting an unregistered trade mark used in the course of trade‖. The words ―any law‖ submits Mr. Anand are compendious and all-embracing and would, in his submissions, cover not only domestic but also international law. He seeks to substantiate his allegation that the registration of the Neutral Citation Number : 2023/DHC/000019 impugned mark would infract Section 11(3)(a) as under:

Neutral Citation Number : 2023/DHC/000019

(i) The words ―in particular the law of passing off protecting an unregistered trade mark used in the course of trade‖, as well as clause (b) of Section 11(3) which refers to the ―law of copyright‖, clearly indicate that the ―law‖ that the phrase ―any law‖ in Section 11(3)(a) encompasses must be a law relating to intellectual property, or involving intellectual property rights.

(a) by virtue of any law in particular the law of passing off protecting an unregistered trade mark used in the course of trade; or Neutral Citation Number : 2023/DHC/000019 a likelihood of confusion on the part of the public. The sub-section clarifies that, within the ambit of ―confusion‖ would be included the likelihood of association with the earlier trade mark.