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 ... Trade Marks Act,
and consequently such a remedy ought not to be made available qua a
registered design, which is used as a trade mark
shall, in relation to a registered trade mark or
proprietor of such mark, be subject to the rights
created or recognized by this ... alleged offence relates to a registered or
an unregistered trade mark and the act or
omission is permitted under any other law for
the time
which reads as under:
"27. No action for infringement of unregistered trade mark.
(1) No person shall be entitled to institute any proceeding ... prevent, or to recover damages for, the infringement of an
unregistered trade mark.
(2) Nothing in this Act shall be deemed to affect rights
infringement of a registered trade mark; or
(b) relating to any right in a registered trade mark; or
(c) for passing off arising ... trade mark which is identical with or deceptively similar
CS(OS) 1801/2013 Page 4 of 17
to the plaintiff's trade mark, whether
Dandi Salt Pvt Ltd & vs Indo Brine Industries on 10 October, 2013
Author: S
