knowledge of English language or of the language in which the trade mark is written and to whom different words with slight difference in spellings ... 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
earlier trade mark and
similarity of goods or services covered by
the trade mark; or
(b) its similarity to an earlier trade mark ... with the earlier trade mark.
(2) A trade mark which -
(a) is identical with or similar to an earlier trade
mark
earlier trade mark.
(3) .........
(4) ........
Explanation.-- For the purposes of this section,
earlier trade mark means--
[(a) a registered trade mark or an
application under ... respect of the trade marks;]
(b) a trade mark which, on the date of the
application for registration of the trade mark in
question
earlier trade mark.
(3) .........
(4) ........
Explanation.-- For the purposes of this section,
earlier trade mark means--
[(a) a registered trade mark or an
application under ... respect of the trade marks;]
(b) a trade mark which, on the date of the
application for registration of the trade mark in
question
trade mark, the Registrar may
issue to the applicant a certificate in the prescribed form.
Section 25 provides for duration of such registered trade
mark ... required to be quoted :-
"27. No action for infringement of unregistered trade
mark.-
(1) No person shall be entitled to institute any proceeding
Learned senior counsel for the claimants submits that if there
is no trade connection between the owners and the proprietors of the
trademarks, it would ... Reliance is also
placed on Rules 81 and 82 of the Trade Mark Rules, 2002. He submits
that the registered user
mark. The Trade Marks Act, 1999 must contain a
specific provision enabling the Court to conclude that the trade mark is
exhausted in the above ... definitions of the 'mark', 'trade mark', 'registered trade mark',
'well known trade mark' are all incorporated
mark. The Trade Marks Act, 1999 must contain a
specific provision enabling the Court to conclude that the trade mark is
exhausted in the above ... definitions of the 'mark', 'trade mark', 'registered trade mark',
'well known trade mark' are all incorporated
The International Association Of vs The Association Of Lions India on 11 August, 2008
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Kabir Singh Chowdhry vs Sapna Moti Bhavnani And 6 Ors on 11 February, 2021
Author