said trade mark since 1995. The defendant
has not brought anything on record to show since when it has been using
this trade mark ... action for passing off on the basis of unregistered trade
mark, generally for deciding the question of deceptive similarity, the
following factors to be considered
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;
shall be instituted
entertain the suit. As far as the
infringement of the trade mark is concerned, the trial court
has held that the cause of action ... based on
infringement of trade mark when on the date of filing of
the suit the trade mark was unregistered or yet to be
registered
trade mark as the benefit of the name and
reputation earned by him cannot be taken advantage of by
another trader by copying the mark ... deception has
proceeded from a registered or an unregistered user of a
trade mark. He cannot represent his own goods as the
goods of somebody
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 to the plaintiff's trade mark,
whether registered or unregistered.
shall be instituted
infringement of a registered trade mark; or
(b) relating to any right in a registered trade mark; or
::: Downloaded on - 02/09/2014 ... trade mark which is identical with or deceptively
similar to the Plaintiff's trade mark, whether registered or
unregistered,
shall be instituted
trade mark or any right in a
registered trade mark or passing off arising out of the use by the
defendant of any trade mark ... deceptively similar or
identical with the plaintiff's trade mark, whether registered or
unregistered. Such a suit has to be instituted before district
court
infringement of a registered trade
mark; or
(b) relating to any right in a registered trade
mark; or
(c) for passing off arising ... defendant of any trade mark which is identical
with or deceptively similar to the plaintiffs trade
mark, whether registered or unregistered, shall be
instituted
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 to the
plaintiff's trade mark, whether registered or unregistered, shall
be instituted
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 to the plaintiff's trade mark, whether registered or
unregistered,
shall be instituted
