hereinafter
21 38. Assignability and transmissibility of unregistered trade marks. --
(1) An unregistered trade mark shall not be assignable or transmissible except along with ... goodwill of the business concerned.
22 39. Assignability and transmissibility of unregistered trade marks. -- An unregistered trade mark
may be assigned or transmitted with
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
particular the law of passing off protecting an
unregistered trade mark used in the course of trade;
Signature Not Verified
C.A.(COMM ... particular the law of passing off protecting an unregistered
trade mark used in the course of trade‖. The words ―any law‖ submits
Mr. Anand
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
earlier trade mark and similarity of goods or services
covered by the trade mark; or
(b) its similarity to an earlier trade mark ... with the earlier trade mark.
(2) A trade mark which -
(a) is identical with or similar to an earlier trade mark
between
the marks of the defendant, and its own registered trade marks, as
there can be no infringement with respect to an unregistered
trademark11 ... prevent, or to recover damages for, the infringement of an unregistered trade mark."
Signature Not Verified I.A. 12750/2020 in CS(COMM
Bolt Technology Ou vs Ujoy Technology Private Limited & Anr. on 24 February, 2023
Author
cumulatively,
(i) the defendant's mark is identical with, or similar, to the
plaintiff's mark,
(ii) the defendant's goods ... Section 29 all refer to infringement by an unregistered trade mark,
it is now settled, by the judgment of the Division Bench of this Court
earlier trade mark and similarity of goods or services
covered by the trade mark; or
(b) its similarity to an earlier trade mark ... with the earlier trade mark.
(2) A trade mark which -
(a) is identical with or similar to an earlier trade mark
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
