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"27. No action for infringement of unregistered trade mark.-
(1) No person shall be entitled to institute any proceeding ... prevent, or to recover damages for, the infringement of an
unregistered trade mark.
(2) Nothing in this Act shall be deemed to affect rights
suit for
infringement of a registered trade mark or relating to any right in a registered
trade mark, at the option of the plaintiff ... namely a
passing of action based on a registered or unregistered trade mark, the suit
will have to be filed only in the appropriate district
mark, one source and one proprietor.
There cannot be two origins as the registered trade mark as
well as the unregistered trade mark both could
CUTLER-HAMMER" when used as a registered or unregistered
trademark, corporate title or trading style in the field of activity in which
parties ... agreement clearly mentions in clause
7 that:
"User recognizes the Trade Mark Owner‟s title to the
said trade Marks and shall
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
Choice Hotels International Inc vs M Sanjay Kumar And Anr on 9 February, 2015
Author
anterior user of a trade mark against a
registered user of the same.- In other words
registration of a trade mark does not provide ... user of a trade mark
can maintain an action for passing off against any
subsequent user of an identical trade mark including
a registered user
anterior user of a trade mark against a
registered user of the same.- In other words
registration of a trade mark does not provide ... user of a trade
mark can maintain an action for passing off against
any subsequent user of an identical trade mark
including a registered user
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
Win-Medicare Pvt Ltd vs Galpha Laboratories Ltd & Ors on 4 January, 2016
Author
