mark lost. Property in a trade mark is determined in various ways. In the case of a registered trade mark all statutory rights cease ... lose its distinctiveness and become descriptive.
In the case of an unregistered trade mark the property rights can be enforced only by an action
were unauthorisedly
using their marks and accordingly registration of trade marks
was introduced in England by the Trade Marks Registration
Act, 1875, which was soon ... person using a mark which
is the same or deceptively similar to his trade mark, he can
protect his trade mark by an action
Pfizer Products Inc. vs B.L. & Company And Ors., Sun ... on 10 April, 2002
Colgate Palmolive Co. Limited And Anr. vs Mr. Patel And Anr. on 6 October, 2005
Page 20 of 40
that it has been functioning under the trade name "Reddy
Pharmaceutical Ltd.‟ since the year 1996, there is nothing ... 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
between the standard of proof of continuous prior user of an
unregistered trade mark as required in an infringement action and that
required ... existence. The partnership deeds themselves are
unregistered. The deeds do not mention the impugned trade mark „TUFF‟.
There is no deed of assignment by which
uses the trade mark of B. B may obtain an injunction to restrain the user, provided that Because of the trade mark is honest ... marks, patents, copyrights, designs and the like have been very strongly protected by the Legislature. Similarly, an unregistered mark or name or a trade
goods or
service shall not be registered, provided that a trade mark shall not be
refused registration if, before the date of application for registration ... well
known trade mark. Mr. Chandra further refers to Section 32 of the Act
which provides that where a trade mark is registered in breach
considered the arguments with regard to the
prior user of the trade mark "Glucon-D" and the specific
packaging. It is the admitted ... para 10)
"In other words in the case of unregistered trade marks, a
passing-off action is maintainable. The passing-off action
depends upon
misrepresentation, (2) made by a trader in the course of
trade, (3) to propsective customers of his or ultimate
consumers of goods or services supplied ... 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
