under the Trade and Merchandise Marks Act, 1958 . Therefore, none of the provisions dealing with registered trade mark would apply to unregistered trade mark, forming ... Under common law, there is no right to property under an unregistered trade mark, but only the business goodwill. Therefore, the issue raised
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 ... nature of the marks i.e., whether the marks are word marks are label marks or composite marks i.e., both words and label works
mark in the register maintained by the trade mark registry did not prove its user by the persons in whose names the mark was registered ... namely, The Trade and Merchandise Marks Act, 1958 . Those Sections are now equivalent to Sections 27 and 135 of the Trade Marks
Registration of trade mark gives statutory right and title to the mark. The Act has put the owner or registered trade mark in a very ... have maintained the suit for infringement of trade mark. Sec.27(1) of Trade Marks Act makes it clear that no person shall be entitled
applied for registration of the trade mark "WONDER CAKE" and the same is pending before the trade marks Registrar. Both the suits ... sale deed of unregistered trade mark and copy right dated 30.11.2000 Mr.V.M.Joseph applied for trade marks "MILKA","MILKA WONDER CAKE
infringing the applicant's registered Trade Mark 'triple power' by use of trade mark "sun Power"?
2) Whether the respondent ... that the applicant's trade mark is triple power, active power, etc. Whereas the respondent's trade mark is 'Sun Power
said Act, a registered trade mark is assignable with or without trade
mark. Section 38 deals with unregistered trade mark. There is distinction
between good ... would show that the
joint owners of the trade mark have to use the trade mark jointly as if the
rights were vested
trade mark, and in the case of an unregistered mark shall show the mark and give particulars including user of the unregistered trade mark that ... Trade Marks Rules empowers the Registrar of Trade Marks to impound the instrument. As per Rule 72 of the Trade Marks Rules, if any instrument
would
submit that there can be no action for infringement or unregistered trade
mark. On the date of the suit, neither the plaintiff ... defendant were
Proprietor of any registered trade mark. Therefore, the suit for infringement
of trade mark will not lie.
18.Contrarily, the learned counsel
trade mark in respect of goods i.e., milk, butter and ghee is still ending, the trade mark has to be necessarily treated as unregistered ... passing off which is common law remedy in respect of unregistered trade mark does not arise. such contention raised on the side of the defendant
