assets and liabilities inclusive of goodwill and reputation attached to the unregistered trade mark 'INDO-SHELL'. The said contentions are sought ... firm, a trade mark has always been considered a vital and inseparable part of goodwill of the business, the trade mark thus is an asset
registered owners of the trade mark and its reputation. Since the appellants are the registered proprietors of the trade mark MAHARAJA SPECIAL word ... empowers the Assistant Registrar of Trade Marks to file a complaint as prescribed under Section 115 of the Trade Marks Act, 1999, before the Judicial
mark being in existence in the registry of Trade Marks. Hence, it is for us to decide whether the second respondent's disputed mark ... 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
impugned trade mark. In the notice the applicant has called upon the first respondent to stop the use of the infringed trade mark 'FIELD MARSHAL ... applicant to stop the use of trade mark makes clear about the use of the trade mark 'FIELD MARSHAL' by the first respondent
relation to actions of passing off on the basis of unregistered trade marks generally for deciding the question of deceptive similarity:-
(a) The nature ... taken into consideration while deciding the issue relating to an unregistered trade mark in passing-off matters, surely was influenced by the principles laid down
held that the mark ROLAC for pharmaceuticals of therapeutic value is of deceptive and confusion similarity to the mark TOROLEC for analgesic. The learned counsel ... consideration for dealing of passing off matters on the basis of unregistered trade marks for deciding the question of deceptive similarities.
6. In the instant
been using their mark from 1st April 1985, which is a date prior to the opponent's use of trade mark in India which ... 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
trade mark. The objects of consideration in both the cases are distinct and different and not similar. Even otherwise in the trade marks in that ... 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
registered trade mark but also are in relation to an unregistered trade mark. Assistant Registrar should have negatived the contention of the first respondent that ... satisfy the Registrar that his trade mark does not fall within the prohibition of section 8 of the Trade Marks Act, 1940 and therefore
trade mark, there would be sufficient connection in the course of the trade between the proprietor and bonafide use of the trade mark by unregistered ... would connect the registered proprietor and the use of the trade mark by the unregistered licensee. The appellant must be presumed by course of conduct
