which the Plaintiff's
mark is registered is not the product for which the Defendant is using the
mark i.e., diagnostic kits. Thus ... 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
extent that the word 'SATMOLA' in the
Opponents' trade mark cannot be held to be deceptively
similar to the words 'HARFANMOLA ... particular the law of passing
off protecting an unregistered trade mark used in the
course of trade; or
(b) by virtue of law of copyright
nature of the expenditure.
Licensing of Trade Marks
25. Trade Marks which are both registered and unregistered can be
transferred. The transfer of a Trade ... Mark can either be by means of a license
or an assignment. A license to a registered Trade Mark in India
before the Trade Mark
Registry bearing Application No. 3651016 for the registration of a device
mark. The Defendants have adopted the mark/name 'Akhil ... dispute is clearly an intellectual
property rights dispute relating to an unregistered mark/name. Irrespective
of the constitution of the Plaintiff or the Defendants
xvii) intellectual property rights relating to registered
and unregistered trademarks, copyright, patent,
design, domain names, geographical indications and
semiconductor integrated circuits;"
21. Thus ... Court, irrespective of their pecuniary value
as per Section 134 of Trade Marks Act, 1999, Section 62 of the Copyright
Act, 1957, Section
digitally signed Judgement.
NEUTRAL CITATION NO: 2022/DHC/001994
registered trade mark comprising such titles. This
does not mean that in no case ... Whether titles of single literary works can be
registered as trade mark or not has itself become
debatable in the US, though in the case
Trademark Registry is quite strange to say the
least. While a Mark was under opposition, no renewal fees could have ever
been filed ... parties‟ marks
RFA 68/2009 Page 21 of 32
being unregistered, no infringement action is maintainable. Even if the
Plaintiff‟s Mark is taken
requisite conditions are satisfied.
However, under the law of trade marks, the threshold for extending
exclusive rights to the shape of a product, is quite ... should immediately be identifiable with the source of the product. For trade
mark registration of shape of a product, the same can only be granted
Master Arnesh Shaw vs Union Of India & Anr. on 4 October, 2024
Author: Prathiba
Master Medhansh Jhawar @ Madhav Through ... vs Rajesh Bhushan & Ors. on 4 October, 2024
Author
