Indian Kanoon - Search engine for Indian Law

reads as under: "27. No action for infringement of unregistered trade mark.-(1) No person shall be entitled to institute any proceeding to prevent ... recover damages for, the infringement of an unregistered trade mark. (2) Nothing in this Act shall be deemed to affect rights of action against

same description. We are aware that the admission of a mark is not to be refused, because unusually stupid people, "fools or idiots ... 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

provisions of Section 19 , when an application for registration of a trade mark has been accepted and either- (a) the application has not been opposed ... unless the Central Government otherwise directs, register the said trade mark and the trade mark when registered shall be registered as of the date