prevent, or to
recover damages for, the infringement of an unregistered trade mark.
Sub Section (2) thereof provides that nothing in this Act shall ... provided in Section 39 of
the Act that an unregistered trade mark may be assigned or
transmitted with or without goodwill of the business
concerned
disputed trade mark. It is, therefore,
submitted that if at all the plaintiff claimed ownership and
proprietorship over the disputed trade mark, then the goods ... provisions contained under the Trade Mark Act and submitted
that even unregistered trade mark can be assigned. Mr.Bhagat
submitted that Kunvar Ajay Foods
prevent, or to
recover damages for, the infringement of an unregistered trade
mark.' Section 27(2) of the Act provides that, 'Nothing ... provided
in Section 39 of the Act that an unregistered trade
mark may be assigned or transmitted with or
without goodwill of the business concerned
wherein it has been held that where no trade marks are used for the products and a manufacturer complaints that the likely customer ... decide an action of passing off on the basis of unregistered trade mark. It has held that factors like the nature of the marks
that ground that the marks so nearly resemble one another that the registration of the Respondents' mark would be likely to deceive or cause ... 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
purchased by class who would not be deceived by similar trade marks. The learned trial Judge has also not taken into consideration the affidavits filed ... 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
restrain the defendants from carrying on the business in the said trade name. He submitted that the defendants have no fundamental right to do their ... also submitted that the passing off action is maintainable even against unregistered trade mark and what is important in such circumstances
whether there
is "passing off" on the basis of unregistered trade
mark generally for deciding the question of deceptive
similarity are as under
become owner of the trade mark 'SPROFOL'. It is, therefore, the case of the plaintiffs that the trade mark 'SPROFOL ... codification of trade mark law there was no provision in India for registration of a trade mark. The right in a trade mark was acquired
name so
as to infringe the plaintiff's registered trade mark and trading style
'RELIANCE' and domain name www.reliancemedipharma ... relevant time and logo
'RELIANCE Rx" was unregistered trade mark in the year 1986 and
the same was registered in the name
