trade mark shall, if valid, give to the registered proprietor of the trade mark the exclusive right to the use of the trade mark ... respect of which the trade mark is registered and to obtain relief in respect of infringement of trade mark in the manner provided by this
trade mark shall, if valid, give to the registered proprietor of the trade mark the exclusive right to the use of the trade mark ... respect of which the trade mark is registered and to obtain relief in respect of infringement of trade mark in the manner provided by this
misrepresentation, (2) made by a trader in the course of
trade, (3) to propsective customers of his or ultimate
consumers of goods or services supplied ... 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 mark in respect of goods i.e., milk, butter and ghee is still ending, the trade mark has to be necessarily treated as unregistered ... passing off which is common law remedy in respect of unregistered trade mark does not arise. such contention raised on the side of the defendant
belief that the challenged mark
or device is the same. The effect of spoken
description must be considered. If a mark
is in fact ... 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
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 ... Section reads as
under:-
"27. No action for infringement of
unregistered trade mark-
(1).................................
(2) Nothing in this Act shall be
deemed to affect
trade mark which is identical with or deceptively
similar to the plaintiff's trade mark, whether registered or
unregistered,
shall be instituted ... trade
mark which is identical with or deceptively similar to the
plaintiff's trade mark, whether registered or unregistered
house mark of the
plaintiff company. The predecessor of the plaintiff is one SHIV
SHANKER GHORE WALA, Delhi, who adopted the trade mark
SATMOLA ... June, 2001 when all the registered as well as unregistered
trademarks and copyrights in the packaging which the said firm had
CS (Comm
Gujarat Tea Depot Company vs Savaliya Tea Packers Pvt Ltd on 22 December, 2022
Author
Gramophone Company Of India Limited vs Shanti Films Corporation And Others on 2 May, 1996
