Babul Products Private Ltd. vs Zen Products on 7 July, 2005
Equivalent citations: (2005)3GLR2309
Ambalal Sarabhai Enterprises Limited vs The Deputy Commissioner Of Income Tax, ... on 12 March, 2026
earlier trade mark and similarity of
goods or services covered by the trade mark; or
(b) its similarity to an earlier trade mark ... with
the earlier trade mark.
(2) A trade mark which--
(a) is identical with or similar to an earlier 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
M/S. Mangrol Oil Mill vs Vikas Oil Industries on 20 February, 2026
Author: Sunita
Unisn Health Check Up And Diagnostics ... vs Unison Pharmaceuticals Pvt. Ltd on 16 July, 2024
that ground that the marks so nearly resemble one another that the registration of the Respondents' mark would be likely to deceive or cause ... 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
would be fruitful to refer to the
relevant provisions of the Trade Marks Act, 1999 and the
provisions of the Code of Civil Procedure ... Trade Marks Act, 1999 :
Sec.27 . No action for infringement of
unregistered trade mark -
(2) Nothing in this Act shall be
deemed to affect rights
based on the
use of a mark or get-up, the plaintiff should able to show that the
mark in question ... 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
Trade and Merchandise Marks Act, 1958. Another application was
filed by the petitioner on 24.5.2005 in Clause 42 to register the
Trade Mark Chouki Dhani ... required under Trade Marks Act,
1999 (for short Act of 1999 ). However, respondent No.2 herein
claimed transfer of the Trade Mark Choki Dhani