Trade Marks Act provides that a suit for the infringement of
a trade mark or otherwise relating to any right
in a trade mark should ... recover damages for, the infringement of an unregistered trade mark unless such trade mark has been continuously in use since before the 25th
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 ... manner provided by the Act. In the case of unregistered trade mark, Section 27(1) provides that no person shall be entitled to institute
admitted to the parties that the trade mark "Bandar Dholak Chhap" is not a registered trade mark of any of the rival parties ... reads as under:
"1. No action for infringement of unregistered trade mark. - (1) No person shall be entitled to institute any proceedings to prevent
Chapter IV
EFFECT OF REGISATRATION
27. No action for infringement of unregistered trade mark. - (1). No person shall be entitled to institute any proceeding ... prevent, or to recover damage for the infringement of an unregistered trade mark.
(2). Nothing in this Act shall be deemed to affect rights
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 ... manner provided by the Act. In the case of an unregistered trade mark, Section 27(1) provides that no person shall be entitled to institute
reads as follows : --
"27. No action for infringement of unregistered trade mark -- (1) No person shall be entitled to institute any proceeding to prevent ... recover damages for, the infringement of an unregistered trade mark.
(2) Nothing in this Act shall be deemed to affect rights of action against
India, where there is no statute for registering trade marks, a right to a trade-mark is acquired by user. In the Bombay case ... that there was no infringement of a registered trade-mark. The plaintiff had registered a trade-mark for all classes of tobacco whether manufactured
said trade mark in Part A or Part B of the register, as the case may be, and the trade mark when registered shall ... thereof, sealed with the seal of the Trade Marks Registry.
(3) Where registration of a trade mark is not completed within twelve months from
brings the trade marks law in line with the provisions contained in the Copyright Act, 1957 , as very often a trade mark is also registered ... trade mark which is identical with or deceptively similar to the plaintiff's trade mark, whether registered or unregistered shall be instituted
Indian Merchandise Marks Act, 1889, and (2) Trade Marks Act, 1940 . In the year 1958, the Trade and Merchandise Marks Act came into force ... defendant of any trade mark which is identical with or deceptively similar to the plaintiffs trade mark whether registered or unregistered Section
