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
Under Section 28 of the Trade and Merchandise Marks Act on the
registration of a trade mark in Part A or B of the register ... exclusive right to use the trade mark in relation to the
goods in respect of which the trade mark is registered and to obtain relief
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
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
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
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
well
as passing off. Under Section 27(2) of the Trade Marks Act, 1999, an action
Signature Not Verified
Digitally Signed
By:DHARMENDER SINGH ... 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
