Trade Marks Act which defines the expression trade mark clarifies that when a person gets a trade mark registered he acquires valuable rights of exclusive ... trade mark can protect his trade mark by an action for infringement. In cases of unauthorized use of an unregistered trade mark the proprietor
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
registered trade-mark. In a passing off action registration of the trade mark is immaterial. Section 27 of the Trade and Merchandise Marks ... trade mark complained of."
From a reading of the above sections it is clear that registration of mark in the trade mark registry would
Bennett Coleman & Co. Ltd. vs Arg Outlier Media Pvt Ltd & Ors. on 23
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
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
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 ... exclusive right to use
the trade mark in relation to the goods in respect of which the
trade mark is registered and to obtain relief
registered Proprietor of the trade mark Chabi as well as of unregistered trade mark KOHINOOR. The respondent challenged the deed of assignment dated 19th June ... right of these trade marks by virtue of the deed of assignment. He also admitted that the trade mark Chabi and Kohinoor belonged
Page 21 of 58
"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
