respect of
unregistered trade marks are permissible in light of the
provisions contained in Section 27(2) of the Trade Marks Act.
18) The conditions ... course
of trade. The Supreme Court has also held that,
in passing off action on the basis of unregistered
trade marks, the Court is required
such..
(ii). The Trade Marks Act, 1999 only governs and regulates registered trade marks and not unregistered trade marks which are not governed ... trade mark is registered only in respect of a specific class of products and not generally. The trade mark is treated as an unregistered trade
just so to do, restore the trade mark to the register and renew the registration of the trade mark either generally or subject to such ... 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
registered trade-mark. In a passing off action registration of the trade mark is immaterial. Section 27 of the Trade and Merchandise Marks ... trade mark complained of."
From a reading of the above sections it is clear that registration of mark in the trade mark registry would
application for registration of a trade
mark, the Registry would, among others, consider as to whether the
trade mark as a whole is likely ... respect
of an unregistered trade mark. However, Section 27(2) recognises the
common law rights of the trade mark owner to take action against
protection available
even in respect of the descriptive trade mark was wrong. A descriptive
trade mark may be entitled to protection if it has assumed ... distinctiveness. For the
owner of an unregistered word mark to claim exclusivity over the mark in the
trade, the word must almost be incapable
Trade Marks Act 1999 has been
referred to by her. The said provision stipulates:
"29. Infringement of registered trade marks.- .................(4) A
registered trade ... which the trade mark is registered; and
(c) the registered trade mark has a reputation in India and the use of
the mark without
section (1) the prohibition is against registering a trade mark which competes with another registered trade mark. Sub-section (2) of Section ... cases of competition between a registered trade mark and an unregistered trade mark but on the plain language of it must also include cases
conflict between two identical trade marks, "Pacitane" registered trade mark of the respondents and "Parkitane" unregistered trade mark of the appellants ... Bailey (Brimingham) Ltd to Registrar A Trade Mark" -(1935) 52 RPC 136;
(XV). 'ACCUTRON Trade Mark- (1996) RPC 152;
(XVI). Schering and Fulford
transferred to the
plaintiff several registered and/or pending trade marks including the trade mark
::: Downloaded on - 09/06/2013 ... trade mark which is identical with or deceptively similar to the
plaintiff's trade mark, whether registered or unregistered,
shall be instituted
