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IAs 8649/06 in CS(OS)1529/06,IA 8653/06 in CS (OS) 1530/06, IA 13828/07 in CS (OS) 2363/07, IA 13836/007 in CS (OS)2364/2007 Page 8

18. The above decision was followed in Micolube India Ltd. v. Maggon Auto Centre 2008 (36) PTC 231(Del). It was similarly held by the Division Bench in N.R. Dongre and Ors. v. Whirlpool Corporation and Ors., AIR 1995 Delhi 300 that:

"According to Section 28(1) of the Act, registration of a trade mark gives to the registered proprietor thereof exclusive right to use the same in relation to the goods in respect of which it has been registered. But from the opening words of Section 28(1) namely, "subject to other provisions" it is clear that the right conferred on a trader is not an indefeasible right as the same is expressly made subject to other provisions of the Act. This is further, made clear by Section 27(2) of the Act, which provides that "nothing in this Act shall be deemed to affect the right of action against any person for passing off the goods as goods of another person or the remedies in respect thereof."