Trade Marks Act, 1999
27. No action for infringement of unregistered trade mark.—
(1) No person shall be entitled to institute any proceeding to prevent ... recover damages for, the infringement of an unregistered trade mark. (2) Nothing in this Act shall be deemed to affect rights of action against
trade marks; (b) its similarity to an earlier trade mark and the identity or similarity of the goods or services covered by the trade mark ... with the earlier trade mark. (2) A trade mark which— (a) is identical with or similar to an earlier trade mark
Merchandise Marks Act, 1958
27. No action for infringement of unregistered trade mark.
(1) No person shall be entitled to institute any proceeding to prevent ... recover damages for, the infringement of an unregistered trade mark. (2) Nothing in this Act shall be deemed to affect rights of action against
Trade Marks Act, 1999
39. Assignability and transmissibility of unregistered trade marks.—
An unregistered trade mark may be assigned or transmitted with or without
Trade Marks Act which defines the expression trade mark clarifies that when a person gets a trade mark registered he acquires valuable rights of exclusive ... trade mark can protect his trade mark by an action for infringement. In cases of unauthorized use of an unregistered trade mark the proprietor
shall, in relation to a registered trade mark or proprietor of such mark, be subject to the rights created or recognised by this ... alleged offence relates to a registered or an unregistered trade mark and the act or omission is permitted under any other law for the time
Trade And Merchandise Marks Act, 1958
38. Assignability and transmissiblity of unregistered trade marks.
(1) An unregistered trade mark shall not be assignable or transmissible ... unregistered trade mark, it is used in the same business as a registered trade mark; and (b) the registered trade mark is assigned or transmitted
well known for serving Western food.
Therefore, the goodwill of the unregistered trade mark " The
Only Place" belonged to his father.
Thirdly, when ... father permitted the partnership
firm the use of the unregistered trade mark "The Only Place"
for a consideration paid by the Firm. Thus
trade mark the exclusive right to the use of the trade mark. Now in England the law governing the question of trade marks was first ... trade mark and he had a proprietary right in the trade mark. Sub-clause (1) of Section 20 of the Trade Marks Act itself assumes
registered trade mark holder. The Spl. Government Pleader took us to the definition of 'trade mark' in Trade and Merchandise Marks ... submitted that even the Trade and Merchandise Marks Act contemplates the user of a trade mark or brand name by unregistered trade mark or brand
