trade mark shall, if valid, give to the registered proprietor of the trade mark the exclusive right to the use of the trade mark ... respect of which the trade mark is registered and to obtain relief in respect of infringement of trade mark in the manner provided by this
trade mark shall, if valid, give to the registered proprietor of the trade mark the exclusive right to the use of the trade mark ... respect of which the trade mark is registered and to obtain relief in respect of infringement of trade mark in the manner provided by this
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
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
said trade dress to be the trade mark PRIMOSA;
whereas the essential feature of the defendant's trade dress is EPO
FORTE. Additionally ... defendant's composite mark
UNIVERSAL on the trade dress and the plaintiff No.1's house mark
SANOFI leaves no scope for likelihood
deceptively similar. The use of the trade mark
ENTERPRISE/ENTERPRIZE by the defendant amounts to infringement of
trade mark of the plaintiff. In case ... same, similar or different goods in terms of provisions of
Trade Marks Act, 1999 (hereinafter referred to as "the Act"). In that sense
defendant's mark is likely to deceive but when the similarity between competing
marks is so close either visually, phonetically or otherwise to enable ... infringement of an unregistered mark. Simultaneously in an action for infringement,
plaintiff is not required to prove the reputation of his mark
Delhi Public School Society vs Dps Trust & Ors. on 29 October, 2014
Author: Manmohan
Delhi Public School Society vs Dps Trust & Ors. on 29 October, 2014
Author: Manmohan
