while the Trade Marks Act confers
certain statutory rights qua a registered trade mark,
it does not deprive a user of an unregistered trade
mark ... have the statutory rights, which a
registered trade mark has, under the Trade Marks
Act , it would certainly have the right to take
remedial steps
Trade
Marks Act, 1999 . Infringement of trademark means violation of the
exclusive rights granted to the registered proprietor under the Trade
Marks ... service in
respect of which the trade mark is registered. Section 29 of the Trade
Marks Act, 1999 lays down the provisions for protection
Passing off is said to be a species unfair trade competition or of actionable unfair trading by which on person, through deception, attempts to obtain ... 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
same trade and field of activity as
that of the plaintiff. The defendant has also sought to use the mark "CABCON ... 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
well as trade mark registration in
respect of the word 'Bharat Shakti' together with distinctive packaging and
trade dress reflected in the Copyright ... 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
concept is that of trade dress. A mark
may be a label or a device mark comprising of a word mark and artistic
design, colour ... marks with similar word marks which are non-
distinctive and common to the trade. But a label or device mark with a
particular unregistered trade
trade
mark which is identical with or deceptively similar to the plaintiff's
trade mark, whether registered or unregistered.
Apart from an action ... trade mark which is identical with or deceptively similar to the plaintiff's
trade mark, whether registered or unregistered. A suit for passing
trade mark which is identical with or deceptively similar to the
plaintiff's trade mark, whether registered or unregistered.
Apart from an action ... trade mark which is identical with or deceptively similar to the
plaintiff's trade mark, whether registered or unregistered. A suit for
passing
allowed to travel beyond. The common law of trade mark never provided for registration of trade mark and is based on the common law right ... benefit of the statutory law under the Trade Marks Act , regarding registration of trade marks. If anyone could appoint an agent outside
Trade Marks Act, 1940, it is clear that the object of both these provisions is to prohibit from registration marks which are likely to deceive ... therein or because of its resemblance to a mark, whether registered or unregistered, or to a trade name in which a person other than
