trade mark name "HERO" and its monogram so much so that the
trade mark "HERO" registered or unregistered can be used ... equipment for Hospitals, Rehabilitation and Homes
and
d) the trade mark HERO registered or unregistered
Patna High Court
matter according to the
Provisions of the Trade and Merchandise Marks Act, 1958 or
the Trade Marks Act, 1999 and the Copyright ... stipulate that plaintiff No.1 is
the absolute owner of the trade marks, unregistered trading style,
goodwill and copyright in all artistic work
this Court is whether the trade mark
RAASHEE used by the defendant is deceptively similar to the registered
trade mark RAJSHREE of the plaintiff ... under the trade mark RAASHEE. Therefore, the factual position is
that the defendant is not carrying on business with the trade mark
other
hand in the case of passing off of an unregistered trade mark/label the
proprietor only possesses common law rights. Where common law
rights ... greater role to play. Therefore, in
the case of an unregistered trade mark/label delay and laches on the
part of the appellant in bringing
been able to prove that its trademarks were device marks and not
wood marks. Issues no1 and 2 are decided in favour of defendants ... 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
Choice Hotels International Inc vs M Sanjay Kumar And Anr on 9 February, 2015
Author
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
such, there will not be any confusion in identifying the two marks. The learned counsel for the defendant has also relied upon the judgment reported ... specifies that an infringement would occur only when an unregistered Proprietor uses a registered Trade Mark, which is likely to cause confusion on the part
registered proprietor of trade mark
"HAEMOFORTE". Thus, no case of infringement of trade mark has been
made out. During the course of hearing ... defendant of any trade mark which is identical with or
deceptively similar to the plaintiff‟s trade mark,
whether registered or unregistered, shall be instituted
