good. Section 2(zb) of the
Trade Marks Act defines a 'trade mark' as a mark capable of being
represented graphically and capable ... unregistered mark. The owner
of the unregistered mark enjoys the common law rights that the owner of the
mark was enjoying under the Trade
below :
"27. No action for infringement of unregistered trade
mark.--(1) No person shall be entitled to institute any proceeding to
prevent ... recover damages for, the infringement of an unregistered
trade mark.
(2) Nothing in this Act shall be deemed to affect rights of action
against
trade mark shall, if valid, give to the registered proprietor of the trade mark the exclusive right to the use of the trade mark ... respect of which the trade mark is registered and to obtain relief in respect of infringement of trade mark in the manner provided by this
trade mark shall, if valid, give to the registered proprietor of the trade mark the exclusive right to the use of the trade mark ... respect of which the trade mark is registered and to obtain relief in respect of infringement of trade mark in the manner provided by this
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
goods or
service shall not be registered, provided that a trade mark shall not be
refused registration if, before the date of application for registration ... well
known trade mark. Mr. Chandra further refers to Section 32 of the Act
which provides that where a trade mark is registered in breach
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
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 ... India as the sole criteria for protection of a registered or unregistered trade mark. For
registered trade mark there has to be user
trade mark in respect of goods i.e., milk, butter and ghee is still ending, the trade mark has to be necessarily treated as unregistered ... passing off which is common law remedy in respect of unregistered trade mark does not arise. such contention raised on the side of the defendant
Learned senior counsel for the claimants submits that if there
is no trade connection between the owners and the proprietors of the
trademarks, it would ... Reliance is also
placed on Rules 81 and 82 of the Trade Mark Rules, 2002. He submits
that the registered user
