trade marks.
(1) A registered trade mark is infringed by a person who, not being the registered proprietor of the trademark or a registered ... course of trade between the goods in respect of which the trademark is registered and some person having the right, either as registered proprietor
class 5 under the Schedule to the Trademark & Merchandise Marks Act, 1958. This trademark has been registered by the Trademark Registry and the plaintiff ... goods bearing the trademark. In so holding the Apex Court placed reliance on Hermes Trademark, (1872) RPC 425, wherein the registered proprietor had inserted
trademark 'MEROMER' a search was conducted at the office of the Trademark Registry and several pending trademark applications and registered trademarks with ... have a legal rights emanating from infringement of registered trade mark, as one registered trademark is not infringed by another registered trademark. The two marks
trademark the exclusive right to the use of the trademark in
relation to the goods or service in respect of which the
trademark is registered ... trademark against an identical, nearly identical or
deceptively similar trademark used in relation to the same goods in
respect of which the trademark is registered
products were marketed in India through Addisons under Hardie's registered
trademarks and device. By 1948 Addisons had set up its own factory ... Trademarks Register by expunging
Hardie's trademarks therefrom.
Addisons' applications for the removal of the trademarks which were
registered in Hardie
infringement of a registered mark can
result. Section 29 of the TM Act 1999 reads as under:
29. Infringement of registered trademarks.
(1) A registered ... registered trademark. Section 29 (2) , (which
deals with trademark infringement) enacts that the
impugned mark should be similar or identical with the
registered mark
suits to, inter alia, seek
permanent injunction to restrain infringement of registered
trademarks, copyright, passing off, dilution, unfair competition,
FAO (OS) Nos.313/2008 ... deceptively or confusingly similar to
that of the plaintiff's registered trademark ―TEMODAL/TEMODAR‖ as a
drug used especially for treatment of brain cancer
sold under
this trademark or a trademark which is similar to it.
18. Section 29(1) of the Trademarks Act, 1999, to the
extent ... deceptively similar to the registered trademark
in relation to goods or services in respect of which the
trademark is registered and such
goods; (d) the use of a registered trademark, being one of two or more trademarks registered under this Act which are identical or nearly resemble ... registration under this Act. (2) Where the goods bearing a registered trademark are lawfully acquired by a person, the sale of or other dealings
names, addresses and descriptions of registered users, disclaimers, conditions, limitations and such other matters relating to registered trademarks as may be prescribed. (2) No notice
