nature of the plaintiffs right in
the trade mark, he forthwith ceased to use
the trade mark in relation to goods in
respect of which ... trade mark which is
identical with or deceptively similar to the
plaintiff's trade mark, whether registered or
unregistered,
shall be instituted
said trade mark in carrying out their trade in
such auto parts and accessories. The plaintiff,
therefore, approached the Trade Mark Registry for
cancellation ... Trade Marks Act,
1994
“15-034. Subject to possibly
one qualification, nothing in the
Trade Marks Act, 1994 affects a
trader’s right against another
that the registration of a trade mark
confers a very valuable right. The person in whose name the trade mark has been
registered may take ... exclusive right of use of the trade mark in
relation to the goods in which the trade mark is registered. The same is an
assignable
decide an action of passing off on the
basis of unregistered trade mark. It has held that factors
like nature of the marks
those
circumstances declined to rectify the trade mark and strike
it off from the register of trade marks. On appeal, the
Division Bench in Appeal ... trade mark, there would be sufficient
connection in the course of the trade between the proprietor
and bona fide user of the trade mark
trade
mark which is identical with or deceptively similar to the plaintiff's
trade mark, whether registered or unregistered, shall be instituted ... 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
book of "Trade Marks" by Sarkar, the
distinction between the expressions "House mark" and
"Product mark" or "Brand ... manufacturer, whereas "Brand name" is a name or
trade mark either unregistered or registered under the Act.
34. Therefore, it is not necessary
this Act the owner of
a trade mark could maintain an
action for the infringement of a
trade mark and that action could
only ... trade mark and he had a
proprietary right in the trade mark.
Sub-clause (I) of Section 20 of the
Trade Marks Act itself assumes
trade mark", counterfeiting his
trade mark, etc. those expressions had been loosely used,
and that in substance the complaint averred counterfeiting
of property mark ... counterfeiting the trade mark "Basant Bahar"
and that therefore, after the passing of the Trade and
Merchandise Marks Act, 1958 such counterfeiting
suits for infringement etc.
of the Trade Marks or relating to any right in a registered
Trade Mark or for passing off arising ... Trade Mark, which is identical with or
deceptively similar to the plaintiff's Trade Mark, whether
registered or unregistered, shall not be instituted
