admitted to the parties that the trade mark "Bandar Dholak Chhap" is not a registered trade mark of any of the rival parties ... reads as under:
"1. No action for infringement of unregistered trade mark. - (1) No person shall be entitled to institute any proceedings to prevent
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
trade mark, the Registrar may
issue to the applicant a certificate in the prescribed form.
Section 25 provides for duration of such registered trade
mark ... required to be quoted :-
"27. No action for infringement of unregistered trade
mark.-
(1) No person shall be entitled to institute any proceeding
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; and
=====================================================================
IA No. 3052
suit for
infringement of a registered trade mark or relating to any right in a registered
trade mark, at the option of the plaintiff ... namely a
passing of action based on a registered or unregistered trade mark, the suit
will have to be filed only in the appropriate district
accidental negligence, strict measures to prevent any
confusion arising from similarity of marks among medicines are required to
be taken. The second argument is that ... 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
Trade Marks Act, 1999 ("the Act") are not entirely restricted to a
rival later registered trade mark; specifically, that Section ... registered trade marks by saying that this
cannot possibly be, for it would render Section 33(1)(b) otiose. Once
a rival trade mark
action. Though
these were formulated in the context of an unregistered trade mark,
generally these factors must be considered while deciding every
application against ... stated in an action for passing off on the
basis of unregistered trade mark generally for deciding
the question of deceptive similarly the following factors
earlier trade mark and similarly of goods or services covered by the trade mark, or because of its similarity to an earlier trade mark ... extent the earlier trade mark is a well-known trade mark in India, and use of the later mark without due cause would take unfair
