good. Section 2(zb) of the
Trade Marks Act defines a 'trade mark' as a mark capable of being
represented graphically and capable ... unregistered mark. The owner
of the unregistered mark enjoys the common law rights that the owner of the
mark was enjoying under the Trade
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