Section 31(1) 15 of
the Trade Marks Act.
9.2 It is true that registration of a trade mark does not immunise its
proprietor from ... original registration of the trade mark and of all subsequent
assignments and transmissions of the trade mark shall be prima facie evidence of the validity
trade mark, protection, in an action for passing off, is
sought of a trade mark. Moreover, once the law relating to
trade marks has been ... codified, saving the action for passing
off in respect of unregistered trade marks, it is not open to
contend that an action for passing
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 Marks Act, that an action for infringement cannot
lie at the instance of one registered mark holder against another,
though ... each of them could maintain an infringement action against a
third, unregistered trade mark holder.
32. The rival claims of passing off, as levelled
Where two or more persons are registered proprietors of trade marks, which are identical with or
nearly resemble each other, the exclusive right ... above provisions of the
Trade Marks Act , is obvious.
16.2 There can be no infringement by a registered trademark. An
unregistered trademark alone can infringe
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
containing the
mark "DINDAYAL" cannot be regarded as bona fide within the
meaning of Section 35 of the Trade Marks ... Trade
Marks Act, recognizes the common law remedy of passing off, thereby
ensuring that rights in an unregistered trademark can still be protected
based
Section 2(1)(zg) of the Trademarks Act.
2.4 The unregistered mark 'DIAMOND GOLD' used by the
respondents, it was submitted, infringed ... respondent is not using the DIAMOND mark
for fans. Section 29(2)(a) and (b) of the Trade Marks Act includes,
within the ambit
Modi-Mundipharma Pvt. Limited vs Speciality Meditech Pvt. Ltd. & Anr on 1 July, 2025
Trade Marks referred to in 4[ Section 3 of the Trade Marks Act,
1999 (47 of 1999)], to the effect that no trade mark identical ... Section 51 of the Act refer to infringement
not being barred by unregistered copyright. The said interpretation of
this Section was made by the learned
