trade mark, the Registrar may
issue to the applicant a certificate in the prescribed form.
Section 25 provides for duration of such registered trade
mark ... required to be quoted :-
"27. No action for infringement of unregistered trade
mark.-
(1) No person shall be entitled to institute any proceeding
Trade Marks Act, 1999 ("the Act") are not entirely restricted to a
rival later registered trade mark; specifically, that Section ... registered trade marks by saying that this
cannot possibly be, for it would render Section 33(1)(b) otiose. Once
a rival trade mark
action. Though
these were formulated in the context of an unregistered trade mark,
generally these factors must be considered while deciding every
application against ... stated in an action for passing off on the
basis of unregistered trade mark generally for deciding
the question of deceptive similarly 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, the Registrar may
issue to the applicant a certificate in the prescribed form.
Section 25 provides for duration of such registered trade
mark ... required to be quoted :-
"27. No action for infringement of unregistered trade
mark.-
(1) No person shall be entitled to institute any proceeding
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
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
L.Rs. Of Pandurang Dharmadhikari vs Kusumtai @ Malini W/O Vasantrao Bhagwat on 4 August
