application for registration of a trade
mark, the Registry would, among others, consider as to whether the
trade mark as a whole is likely ... respect
of an unregistered trade mark. However, Section 27(2) recognises the
common law rights of the trade mark owner to take action against
registered trade mark SHER BAKRI or any other
unregistered trade mark till the final disposal
of the suit.”
We direct that the aforesaid direction ... modified to read “The
defendant is injuncted from the use of unregistered trade mark Sher
Bakri.”
Learned counsel appearing on behalf of respondent
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
administrative framework to facilitate search for conflicting marks and
examination by the Trade Marks Registry. In the Australian Wine Importers TM
case ... that in an action for passing off on the basis of unregistered trade
mark, generally in deciding the question of deceptive similarity, seven 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
mark, one source and one proprietor.
There cannot be two origins as the registered trade mark as
well as the unregistered trade mark both could
industrial property rights including but not limited to any
registered or unregistered trade mark or trade names and
copyright of APOLLO and its Licensor covering
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
mark. The Trade Marks Act, 1999 must contain a
specific provision enabling the Court to conclude that the trade mark is
exhausted in the above ... definitions of the 'mark', 'trade mark', 'registered trade mark',
'well known trade mark' are all incorporated
mark. The Trade Marks Act, 1999 must contain a
specific provision enabling the Court to conclude that the trade mark is
exhausted in the above ... definitions of the 'mark', 'trade mark', 'registered trade mark',
'well known trade mark' are all incorporated
