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
Cadila Pharmaceuticals Limited vs Sami Khatib Of Mumbai on 8 April, 2011
Equivalent citations: AIR
argument viz. that the use of anothers
trade mark in a corporate name or trading style
amounts to infringement.
(b)In support of this submission ... Corporation Limited ( ). The Plaintiffs therein were
the proprietors of various registered/unregistered
trade marks in most of which the word "Bedrock"
formed
infringement of a registered trade mark;
or
(b) relating to any right in a registered trade mark;
or
::: 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
effect of registered trade mark.--
(2) A registered trade mark is not infringed where--
(e) the use of a registered trade mark, being ... trade mark which is identical with or
deceptively similar to the plaintiff's trade mark, whether
registered or unregistered, shall be instituted
question. In that case, it was contended that there were various trade marks with a prefix or suffix "Gluco" or "Vita ... Kerly on Trade Marks, (7th Edition, page 624) to the effect that where there are a series of marks registered or unregistered having a common
register the second
mentioned trade mark by reason only of the registration
of the first-mentioned trade-mark." [emphasis supplied]
26. The defendant cannot ... requires continuous user of the trade mark from
a date prior to the date of registration of the mark said to be infringed
permanent injunction restraining the defendants from using the plaintiff's trade marks and for damages. The Supreme Court held that the suit ... third party are bad in law if the firm is an unregistered firm. On the other hand, if the firm is not registered
product
under a similar mark.
20. Mr.Tulzapurkar also submitted that there are several marks
registered and unregistered in the pharmaceutical market with the
prefix ... mark is common to the trade. He contends that in view of the same
prefix having been used in various other marks, the trade
person proposing to use a trade mark to apply for
registration will be meaningless, as any person using
that mark subsequently can easily defeat ... 4006.05
unregistered mark in respect whereof the application for registration
has been advertised or where the mark has been advertised in any
other manner
