well known for serving Western food.
Therefore, the goodwill of the unregistered trade mark " The
Only Place" belonged to his father.
Thirdly, when ... father permitted the partnership
firm the use of the unregistered trade mark "The Only Place"
for a consideration paid by the Firm. Thus
Trade and Merchandise Trade Mark and it has been observed in para-10 as follows: "Under Section 28 of the Trade and Merchandise Marks ... trade mark in relation to the goods in respect of which trade mark in the manner provided by the Act. In the case of unregistered
trade name and mark, and so allowing the use of the trade mark by the defendant would cause confusion and deception among the trade ... contended that the plaintiff being an unregistered trade mark owner, cannot restrain the registered trade mark owner to market its products within the area
Trade Marks Act, 1999, the expression, "Registered Trade Mark" means a Trade Mark which is actually on the register of Trade Marks maintained ... referring to Halsburys on Trade Mark, the Court observed as under;
In the same tone, Halsbury (Trade Marks, 4th Edn, 1984 Vol. 48, para
defendant name is bona fide and under Section 14 of the Trade Marks Act, the appellants are entitled to use the name "Kirloskar ... prevent, or to recover damages for, the infringement of an unregistered trade mark;
(2) Nothing in this Act shall be deemed to affect the rights
Indian Code relating to Trade Marks and property marks. The reference to Trade Marks in the said Sections was removed by the schedule under section ... mark used by another.
A Trade Mark as denied under section 2(1)(j) of the Trade and Merchandise Marks Act, 1958 means a mark
United Breweries Ltd vs Khodays Breweries Limited on 1 April, 2013
Equivalent citations: 2013 (3
trade mark, which is identical with or deceptively similar to the plaintiff's trade mark, whether registered or unregistered. Section 27 Sub-section ... prevent or to recover damages for the infringement of an unregistered trade mark. Sub-section (2) of Section 27 makes it clear that nothing
belief that the challenged mark
or device is the same. The effect of spoken
description must be considered. If a mark
is in fact ... 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
defendant has imitated or adopted that plaintiff's distinctive trade mark or business name, the order may be an absolute injunction that he would ... 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
