trade mark, and in the case of an unregistered mark shall show the mark and give particulars including user of the unregistered trade mark that ... Trade Marks Rules empowers the Registrar of Trade Marks to impound the instrument. As per Rule 72 of the Trade Marks Rules, if any instrument
able to demonstrate that while the mark was in public domain
he had used the mark to which a substantial goodwill was attached ... prevent, or to recover damages
for, the infringement of an unregistered trade mark.
5
27 (2) Nothing in this Act shall be deemed to affect
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
United Breweries Ltd vs Khodays Breweries Limited on 1 April, 2013
Equivalent citations: 2013 (3
refusal of registration. The Registrar of Trade Marks can refuse to register the Trade Mark, if the Trade Marks falls within the ambit ... Trade mark shall not be registered if it is identical with an earlier trade mark or similar to an earlier trade mark and there exists
earlier Trade Mark and similarity of goods or
services covered by the Trade Mark or it has similarity to
an earlier Trade Mark ... earlier Trade Mark is a well known Trade Mark in India and
the use of the later Trade Mark without due cause would
take unfair
proprietor of trade mark "SEA HAWK" in class 42 under the
trade Mark Act, 1999 , having conceived and adopted the mark ... registered trade mark and
not against passing off an unregistered mark. The earlier suit was based on
passing off unregistered trade mark, which was dismissed
Trade and Merchandise Marks Act, 1958. Another application was
filed by the petitioner on 24.5.2005 in Clause 42 to register the
Trade Mark Chouki Dhani ... required under Trade Marks Act,
1999 (for short Act of 1999 ). However, respondent No.2 herein
claimed transfer of the Trade Mark Choki Dhani
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 ... deception
has proceeded from a registered or an unregistered user of a trade mark.
He cannot represent his own goods as the goods of somebody
while the Trade Marks Act confers certain statutory rights qua a
registered trade mark, it does not deprive a user of an unregistered
trade mark ... Trade Marks Act,
and consequently such a remedy ought not to be made available qua a
registered design, which is used as a trade mark
