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
infringement of such Trade Mark, injunction must follow
where the impugned mark is deceptively similar to the registered
mark, especially, where it is used ... respect of which the Trade Mark is registered.
56. Where the mark is not registered, the proprietor of such mark
can seek an injunction
present case can
have no exclusive ownership rights on the
trade mark "LOW ABSORB". The expression
"LOW ABSORB" is quite clearly ... character of the product viz. edible oil.
With respect to the unregistered trade mark
"LOW ABSORB" we are of the firm opinion
that
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
expand the operation of his trade mark
cannot be ignored or overlooked. [Ref:- The Registrar of Trade Marks
vs. Ashok Chandra Rakhit Ltd. (supra ... Registrar of Trade Marks, the plaintiff had
sought to distinguish other cited marks with word 'VASUNDHRA' by
contending that the mark
registered
trade mark.
29. This now brings me to the question whether the two marks are
deceptively-similar. It is noticed that the mark ... 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
impugned marks SITARA-D/ SITARE or any
other trade mark as may be deceptively similar to
the Plaintiffs registered trade mark SETARET
amounting to infringement ... Plaintiffs
registration under no. 807552, and Plaintiff's
unregistered trade mark SITARED".
FACTUAL BACKGROUND
9. It is the case of the plaintiff that
appellant submits that the
learned Trial Court, having found the marks of the appellant
and the respondent to be deceptively similar to each other ... defendant/counter claimant is on the basis of
an unregistered trade mark. The
defendant/counter claimant has sought inter
alia relief of passing off against
right of the Plaintiffs over
all its registered and unregistered
trademarks/trade names, trade dress, symbols
and hence, once the Plaintiff had noticed that ... earlier
commitment given in respect of the registered
or unregistered trademarks and trade names
and marks etc. of the Plaintiff itself, then
Plaintiff was constrained
provisions in the
Indian Trade Marks Act, 1999 incidentally are
analogous to those in the U.K. Trade Marks
Act, 1994
"15-034. Subject ... that the defendant's
mark is registered. The Act offers advantages
to those who register their trade marks, but
imposes no penalty upon those
