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
ordinary consumer to confuse one product for another due to similarity of marks and other surrounding factors. What is likely to cause co fusion would ... 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
license to use the trade mark on the plea that he himself has been using it as his trade mark, the learned counsel has contended ... observed:-
"It is well settled that use of an unregistered trade mark under a license granted by the proprietor bonafide under its control
trade mark.
10.1.An action for infringement is founded on the exclusive right to the use of a trade mark in relation to certain ... trade mark which right is infringed if another person uses in relation to the same goods a trade mark which is deceptively similar therewith
trade mark.
10.1 An action for infringement is
founded on the exclusive right to the use of a
trade mark in relation to certain goods ... trade mark which right is
infringed if another person uses in relation to
the same goods a trade mark which is
deceptively similar therewith
infringement of a registered trade mark ; or
(b) relating to any right in a registered trade mark ; or
(c) for passing off arising ... defendant of any trade mark which is identical with or deceptively similar to the plaintiffs trade mark, whether registered or unregistered, shall be instituted
Trade Marks Act and these provisions
read as under:-
― Section 9 . Absolute grounds for refusal of registration.-- (1) The
trade marks-
(a) which are devoid ... well-known trade
mark.
Section 11 . Relative grounds for refusal of registration-
......
(3) A trade mark shall not be registered if, or to the extent
secure an injunction and that the registration of the mark
or similar mark in point of time, is irrelevant. This Court
in Cadila Health Care ... para10)
"In other words in the case of unregistered trade
marks, a passing-off action is maintainable. The
passing-off action depends upon
parties arise out of
intellectual property right related to registered and unregistered trade mark
and copyright, the same is a "commercial dispute" within
Bolt Technology Ou vs Ujoy Technology Private Limited & Anr. on 24 February, 2023
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