Indian Kanoon - Search engine for Indian Law

mark, one source and one proprietor. There cannot be two origins as the registered trade mark as well as the unregistered trade mark both could

industrial property rights including but not limited to any registered or unregistered trade mark or trade names and copyright of APOLLO and its Licensor covering

matter according to the Provisions of the Trade and Merchandise Marks Act, 1958 or the Trade Marks Act, 1999 and the Copyright ... stipulate that plaintiff No.1 is the absolute owner of the trade marks, unregistered trading style, goodwill and copyright in all artistic work

this Court is whether the trade mark RAASHEE used by the defendant is deceptively similar to the registered trade mark RAJSHREE of the plaintiff ... under the trade mark RAASHEE. Therefore, the factual position is that the defendant is not carrying on business with the trade mark

other hand in the case of passing off of an unregistered trade mark/label the proprietor only possesses common law rights. Where common law rights ... greater role to play. Therefore, in the case of an unregistered trade mark/label delay and laches on the part of the appellant in bringing

Choice Hotels International Inc vs M Sanjay Kumar And Anr on 9 February, 2015 Author

registered proprietor of trade mark "HAEMOFORTE". Thus, no case of infringement of trade mark has been made out. During the course of hearing ... defendant of any trade mark which is identical with or deceptively similar to the plaintiff‟s trade mark, whether registered or unregistered, shall be instituted

infringement of a registered trade mark; or (b) relating to any right in a registered trade mark; or (c) for passing off arising ... trade mark which is identical with or deceptively similar to the plaintiff's trade mark, whether registered or unregistered, shall be instituted

having defendant of any jurisdiction. (c) for passing trade mark of arising out of Provided that which ... trade having indication made by the mark, whether jurisdiction" which is defendant, the registered or shall, identical with suit, along unregistered, notwithstanding or deceptively

used as a trade mark and if by virtue of its use, goodwill is generated in the course of trade or business ... used as a trade mark and if by virtue of its use, goodwill is generated in the course of trade or business