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,
CS (Comm) 960/2016 Page
Trade Marks Act, 1999 though permits the suit
based on infringement of the registered trade mark or relating to any right
arising there from ... trade mark which
is identical with or deceptably similar to the plaintiff's trade mark whether
registered or unregistered. The said provision is sought
Trade Marks Registry with reference to two brand names National and Goodwill. The Trade Mark Registry in their communication stated that the said marks, prima ... Trade Marks Act, 1999. The learned Counsel pleaded that it is clear that these names cannot be considered as Trade Marks or brand names
Win-Medicare Pvt Ltd vs Galpha Laboratories Ltd & Ors on 4 January, 2016
Author
well known trademark PRIUS.
The defendants are using marks in the course of trade, not being by
way of permitted use, that are identical ... 2490/2009 Page 32 of 121
defendants are using marks in the course of trade which are identical
to the plaintiffs' reputed and registered
passing
revocation of of any trade jurisdiction. of arising out of
the patent is mark which is the use by the
made by the identical ... trade "district court indication
the counter- mark, whether having which is
claim, shall registered or jurisdiction" identical with
be unregistered, shall, or deceptively
treated as one based on a statutory right under the Trade Marks Act and is not barred by Section 69(2) . If the reliefs ... statutory right under the Trade Marks Act and is not barred by Section 69(2) . In both these situations, the unregistered partnership in the case
QBSS India ,
including but not limited to,
patent, designs, trademarks,
service marks, trade dress,
copyrights, moral rights,
brands and domain names ... consents,
concessions, exemptions,
liberties, advantages, no-
objection certificates,
certifications, registrations,
trade names, trademarks,
service marks, copyrights,
domain names, easements,
goodwill, licences, tenancies,
offices, sales
imagine, to direct the immediate de-registration of the
Defendant's mark.
19 Laxmikant V. Patel v Chetanbhai Shah ... deemed to be an
unregistered proprietor or user at least for the purposes of Section
29(4) of the Trade Marks Act, 1999 using dissimilar
patent, designs, trademarks,
service marks, trade dress,
copyrights, moral rights,
brands and domain names, in
each case whether registered
or unregistered and including
all applications ... consents,
concessions, exemptions,
liberties, advantages, no-
objection certificates,
certifications, registrations, trade
names, trademarks, service
marks, copyrights, domain
names, easements, goodwill,
licences, tenancies, offices, sales
