earlier trade mark and similarity of goods or services
covered by the trade mark; or
(b) its similarity to an earlier trade mark ... with the earlier trade mark.
(2) A trade mark which—
(a) is identical with or similar to an earlier trade mark
been defined
elsewhere. A construction which would lead to old marks and
new marks being placed on the same footing and being
subjected ... prevent, or to recover
damages for, the infringement of an
unregistered trade mark unless such trade mark
has been continuously in use since before
decided.
Under Section 28 of the Trade and Merchandise Marks Act on
the registration of a trade mark in Part ... submit an official search
report from the Trade Mark office pertaining to the trade mark in
question which will enable the drug authority to arrive
trade marks was
introduced in this country was the Trade Marks Act, 1940 .
Prior to the said enactment the law relating to trade marks ... protection of trade marks and criminal
offences relating to trade marks and other markings in
merchandise. Under the Act registration of trade marks
trade
mark which is identical with or deceptively similar to the plaintiff's
trade mark, whether registered or unregistered, shall be instituted ... 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
prevent
trafficking in trade marks. This is, in fact, the object
underling all trade mark Laws. A trade mark is meant to
distinguish the goods ... person using a mark
which is the same or deceptively similar to his trade mark,
he can protect his trade mark by u action
similar":--A mark shall be deemed
to be deceptively similar to another mark if it so
nearly resembles that other mark ... registered as a trade mark.
27 No action for infringement of unregistered
trade mark.
(1) . .
(2) Nothing in this Act shall be deemed to affect
purpose of trade or
manufacture any goods or things to which any false trade
description is applied. Trade mark has been defined ... unregistered
trade mark. An offence under Sections 78 or 79 therefore
relate to a trade mark whether it is registered or
unregistered. The contention that
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 ... possible for a plaintiff or a defendant to show that an
unregistered trade mark that was being used by another person earlier had
been assigned
copying trade mark of the respondent. The
(2) A trade mark which—
(a) is identical with or similar to an earlier trade mark ... extent, the earlier trade mark is a well-known trade mark in India and the use of the later mark
without due cause would take
