shall,
in relation to a registered trade mark or proprietor
of such mark, be subject to the rights created or
Cri. Appln. No. 1471 ... alleged offence relates to a
registered or an unregistered trade mark and
the act or omission is permitted under any
other law for time being
section 107 of
the Trade Marks Act, 1999 which provides for penalty for falsely representing a
trade mark as registered. He submits that the symbol ... relation to unregistered
trade mark used by the plaintiff is an offence for which the penalty is provided
under section 107 of the Trade Marks
Marks
Act reads thus:
"27. No action for infringement of unregistered trade
mark.--(1) No person shall be entitled to institute any
proceeding ... prevent, or to recover damages for, the
infringement of an unregistered trade mark.
(2) Nothing in this Act shall be deemed to affect
rights
lesser degree of
proof showing confusing similarity in the case of trade
mark in respect of medicinal product as against other
non-medicinal products. Drugs ... stated in an action for passing off on the
basis of unregistered trade mark generally for deciding
the question of deceptive similarity the following factors
identical or nearly resembling the registered Trade Mark if the use of the Trade Mark by the unregistered proprietor is being made continuously since prior ... trade mark or registration of the trade mark by the registered proprietor. Section 33 enjoins the Registrar not to refuse registration of the unregistered Trade
goods under the trade mark which is identical with or deceptively similar to the Plaintiffs trade mark, whether registered or unregistered. In the plaint ... claims that he is the proprietor of the trade mark Rodine, which is not registered trade mark, though he has applied for registration
trade mark and the goods in respect of which the trade mark is used. If such connection ceases to exist, the trade mark itself ceases ... trade mark" in Kerly's Law of Trade marks, Eleventh Edition, page 15, which reads as follows:
"A trade mark
similarity in trade marks, but the factors indicated by the Supreme Court are relevant also in the case of passing of trade-dress. The relevant ... stated in an action for passing off on the basis of unregistered trade mark generally for deciding the question of deceptive similarity the following factors
lack of competence or otherwise, mistakes can arise specially where the trade marks are deceptively similar."
and
"In the present case, although both ... stated, in an action for passing-off on the basis of unregistered trade mark generally for deciding the question of deceptive similarity the following factors
stated in an action for
passing off on the basis of
unregistered trade mark generally
for deciding the question of
deceptive similarity the following
factors ... Section reads as
under:-
"27. No action for infringement of
unregistered trade mark-
(1).................................
(2) Nothing in this Act shall be
deemed to affect
