Learned senior counsel for the claimants submits that if there
is no trade connection between the owners and the proprietors of the
trademarks, it would ... Reliance is also
placed on Rules 81 and 82 of the Trade Mark Rules, 2002. He submits
that the registered user
administrative framework to facilitate search for conflicting marks and
examination by the Trade Marks Registry. In the Australian Wine Importers TM
case ... that in an action for passing off on the basis of unregistered trade
mark, generally in deciding the question of deceptive similarity, seven factors
that in an action for passing off on the basis of
unregistered trade mark, generally in deciding the question of deceptive
similarity, seven factors ... registered proprietor of the mark could bring an action to restrain an
unregistered mark from using the mark. Furthermore, if there was
visual and phonetical
Learned senior counsel for the claimants submits that if there
is no trade connection between the owners and the proprietors of the
trademarks, it would ... Reliance is also
placed on Rules 81 and 82 of the Trade Mark Rules, 2002. He submits
that the registered user
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
infringement of a
registered trade mark; or
(b) relating to any right in a
registered trade mark; or
(c) for passing off arising ... defendant of any trade mark
which is identical with or deceptively similar to
the plaintiffs trade mark, whether registered or
unregistered,
shall be instituted
been using such marks. The Defendant
does not claim that its mark is a registered one. I have been shown
both marks and logos. Both ... registered trade mark, the Plaintiff is entitled to
protect its exclusive use thereof against any other user of any
unregistered mark which is deceptively similar
