such..
(ii). The Trade Marks Act, 1999 only governs and regulates registered trade marks and not unregistered trade marks which are not governed ... trade mark is registered only in respect of a specific class of products and not generally. The trade mark is treated as an unregistered trade
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
that by registering the trade mark, it was not entitled to
receive Rs 5 crores for the trade mark from the assessee. In this
regard ... trade mark is registered so far as existence of
trade mark is concerned. Even under the Indian trade mark laws,
unregistered trade mark have been
operation agreement, (b) Technology transfer agreement, (c) Deed of assignment of unregistered trade marks, and (d) Non-competition agreement. By virtue of the first agreement ... virtue of the third agreement, Natco agreed to assign the unregistered trade marks along with goodwill to RLL for the territories of Russia
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
Under Section 28 of the Trade and Merchandise Marks Act on the
registration of a trade mark in Part-A or B of the register ... exclusive right to use the trade mark in relation to the
goods in respect of which trade mark is registered and to obtain relief
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
