were unauthorizedly using their marks and accordingly
registration of trade marks was introduced in England by the Trade
Marks Registration Act, 1875, which was soon ... person using a mark which
is the same or deceptively similar to his trade mark, he can protect his
trade mark by an action
Naresh Kumar Nagpal vs Dofey Ventures Private Limited And Ors on 22 April, 2024
DLCT010060642018
prevent,
or to recover damages for, the infringement of an unregistered
trade mark. SubÂsection (2) of Section 27 , however, provides
that the Act 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
Retail Royalty Company vs . Northern Harrier Lifestyle Pvt Ltd. on 15 July, 2022
Retail Royalty
against
infringement of the mark. Infringement,
throughout Section 29 of the Trade Marks Act,
presupposes registration of the infringed trade
mark, as each sub-section ... infringed ..."
17.7 There can, therefore, be no infringement
of an unregistered trade mark. The very first
criterion to be satisfied for a case
those trade
marks is used in a normal way as a trade mark for the
goods of the respective owners of the marks ... nature of the marks i.e. whether the marks are
word marks or label marks or composite marks, i.e. both
words and label works
discern the deceptive similarity of the impugned mark with
the proprietor's registered mark and then come to a
conclusion whether or not there ... 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
against infringement of the mark.
Infringement, throughout Section 29 of the Trade
Marks Act, presupposes registration of the
infringed trade mark, as each sub-section ... infringed ..."
17.7 There can, therefore, be no infringement of
an unregistered trade mark. The very first
criterion to be satisfied for a case
against infringement of the
mark. Infringement, throughout Section
29 of the Trade Marks Act, presupposes
registration of the infringed trade mark, as
each sub-section ... infringed ..."
17.7 There can, therefore, be no
infringement of an unregistered trade
mark. The very first criterion to be
satisfied for a case
tapes, PVC tapes etc., in class 9 with the Trade
Mark Registry, but the marks have not been registered in its name ... prevent, or to
recover damages for, the infringement of an unregistered trade mark.
Since in the records of the Trade Mark Registry the trade mark
