Indian Kanoon - Search engine for Indian Law

accidental negligence, strict measures to prevent any confusion arising from similarity of marks among medicines are required to be taken. The second argument is that ... 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

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