second respondent that the label of the second respondent with the mark ICE is deceptively similar and so far as the label 'SHAMS ... 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
kind dealt in by the plaintiff of that mark or get-up will be understood by the trade and the public in that country as meaning ... 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
scheme used by the defendants and trade mark LION Brand or TIGER Brand or any other similar Trade Mark, which is in any way visually ... India. The Trade Mark Lion Brand has become now a common house hold name for pappad and appalam. The Trade Mark Lion Brand
that the Defendant's mark is registered. The Act offers advantages to those who register their trade marks, but imposes no penalty upon those ... action against the registered proprietor. Such unregistered marks are frequently referred to as "common law trade marks".
7.3. A person complaining of passing
trade mark and for damages is an action at common law and is not those of plaintiffs by using the plaintiffs' trade mark ... registered trade mark and its infringement, the suit is to be treated as one based on a statutory right under the Trade Marks
relief sought by the plaintiff an unregistered firm is
in respect of infringement of Trade Mark, which does not relates to
enforcement of any rights ... said firm. Coupled with the legal bar in entertaining a suit by
unregistered firm, the plaint is bound to be struck off. The conduct
relief sought by the plaintiff an unregistered firm is
in respect of infringement of Trade Mark, which does not relates to
enforcement of any rights ... said firm. Coupled with the legal bar in entertaining a suit by
unregistered firm, the plaint is bound to be struck off. The conduct
mark in the Trade Marks Act of 1999. By virtue of such recognition, the mark enjoys protection from dilution or infringement by similar marks even ... marks are unregistered.
6. The provisions of Section 2(1)(zg) of the Act read thus:
(zg) "well-known trade mark" in relation
requiring the defendants to desist from using the trade mark or trade name Mangaiyar Choice. The said notice was replied to by the defendants ... that it is the proprietor of the Trade Mark in contravention of Section 18 of the Trade Mark Act. It was further contended that there
trial Court should not have marked as exhibits the Xerox copies of the certificates of registration of trade mark in face of the objection raised ... clear that the Xerox copy cannot be marked and the Court below ought not to have marked the said Xerox copies, even there
