which is as follows:
27. No action for infringement of unregistered trade mark.--
(1) No person shall be entitled to institute any proceeding to prevent ... recover damages for, the infringement of an unregistered trade
mark. (2) Nothing in this Act shall be deemed to affect rights of
action against
also held that the same principle which apply
to trade marks apply to trade names also. In the decision reported in
Heinz Italia v. Dabur ... 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
registrations of marks containing the word RACI in fact
borders on a challenge to the validity of the registration of the trade
mark without actually ... that
in an action for passing off on the basis of unregistered trade mark,
generally for deciding the question of deceptive similarity, the following
factors
registered trademark under
Section 29 (1) of the Trade Marks Act. Non-user of the said
mark by the registered proprietor shall ... 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
have any goodwill or
reputation in the mark KROMALITE at the time when the impugned mark
was adopted by the defendant. However, it is trite ... 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
laid down the following tests for determining deceptive
similarity between the competing marks. Paragraph no.35 of the aforesaid
judgment is set out below ... 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
trade
mark as well as passing off.
42. Since admittedly, several components of the plaintiff's products are
registered, either as trademark or trade ... prevent, or to recover damages for, the
infringement of an unregistered trade mark, the said bar does not apply to
the plaintiff, as the plaintiff
trade
mark as well as passing off.
42. Since admittedly, several components of the plaintiff's products are
registered, either as trademark or trade ... prevent, or to recover damages for, the
infringement of an unregistered trade mark, the said bar does not apply to
the plaintiff, as the plaintiff
trade
mark as well as passing off.
42. Since admittedly, several components of the plaintiff's products are
registered, either as trademark or trade ... prevent, or to recover damages for, the
infringement of an unregistered trade mark, the said bar does not apply to
the plaintiff, as the plaintiff
similarity to an earlier trade mark and the identity or similarity of the goods or services
covered by the trade mark, there exists a likelihood ... earlier trade mark."
5
2018 (74) PTC 229 (Del)
6
"11. Relative grounds for refusal of registration.-
(3) A trade mark shall
