protection available
even in respect of the descriptive trade mark was wrong. A descriptive
trade mark may be entitled to protection if it has assumed ... distinctiveness. For the
owner of an unregistered word mark to claim exclusivity over the mark in the
trade, the word must almost be incapable
register the second-mentioned trade mark by reason only of the registration of the first mentioned trade mark".
However, I would also like ... twin rights of proprietor of registered trade mark, namely, the right of exclusive user of the registered trade mark and the right "to obtain
Schering Corporation & Ors. vs Alkem Laboratories Ltd. on 1 December, 2009
Author: Vipin Sanghi
Cadila Pharmaceuticals Limited vs Sami Khatib Of Mumbai on 8 April, 2011
Equivalent citations: AIR
Page 20 of 40
that it has been functioning under the trade name "Reddy
Pharmaceutical Ltd.‟ since the year 1996, there is nothing ... 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
misrepresentation, (2) made by a trader in the course of
trade, (3) to propsective customers of his or ultimate
consumers of goods or services supplied ... 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
Sections 28 and 29 of the Trade Marks Act inter alia pointing out that the trade mark is in relation to goods and not services ... granting an injunction in the case of passing off of an unregistered trade mark. He submitted that since the case of the plaintiffs does
Signing Date:14.10.2022
appellant's marks are device marks, no confusion would be caused with
the other marks that use the word "Vasundhra ... stated in an action for passing-off on the basis
of unregistered trade mark generally for deciding the
Signature Not Verified
Digitally Signed
By:Dushyant
misrepresentation, (2) made
by a trader in the course of trade, (3) to propsective customers of
his or ultimate consumers of goods or services supplied ... 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
that in an action for passing off on the basis of
unregistered trade mark, generally in deciding the question of deceptive
similarity, seven factors ... registered proprietor of the mark could bring an action to restrain an
unregistered mark from using the mark. Furthermore, if there was
visual and phonetical
