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
using „MERCYKIND‟, to which alone objection is taken, as a trade
mark, no ground for grant of interim injunction under the said ground
also ... defendant of any trade mark
which is identical with or deceptively similar to the plaintiff‟s trade
mark, whether registered or unregistered". Thus, unless
generality, trade-marks and service marks and applications
there for, patents and patent applications, copyright, designs,
design rights both registered and unregistered, design right
applications ... service marks and applications
therefore, patents and patent applications, copyright, designs,
design rights both registered and unregistered, design right
applications, trade secrets, know-how, information
Neon Laboratories Ltd. (paragraph 10) (supra).
Section 48 of the Trade Marks Act, 1999 read with Section 2(1)(r)
of the said Act, only ... Trade Marks Act,
1999 ) permits use of a registered trademark by a person other than a
registered proprietor and registered user in course of trade
La Opala R.G. Ltd vs Cello Plast & Ors on 11 October, 2018
Equivalent
Turning Point & Anr. vs Turning Point Institute Private Ltd on 2 August, 2018
Equivalent
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
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
trade mark which is identical with or deceptively similar to the plaintiff's
trade mark whether registered or unregistered, shall be instituted ... trade-mark identical or deceptively similar to the
plaintiff's trade-mark would lie before the District Court, whether the
trade-mark
