defendant of any
trade mark which is identical with or deceptively similar to the
plaintiffs trade mark, whether registered or unregistered,
shall be instituted ... respect of an unregistered trade mark,
but recognises the common law rights of the trade mark owner
to take action against any person for passing
that by registering the trade mark, it was not entitled to
receive Rs 5 crores for the trade mark from the assessee. In this
regard ... trade mark is registered so far as existence of
trade mark is concerned. Even under the Indian trade mark laws,
unregistered trade mark have been
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
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
under Section 45 of the Act, 1957. It appears
that SENTINEL trade mark has not been registered in the
name of Vertex Co. In similar ... provides that no action for
infringement of unregistered trade mark can be taken. In the
present case, the Non-applicant No.2 has not produced
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
Under Section 28 of the Trade and Merchandise Marks Act on the
registration of a trade mark in Part-A or B of the register ... exclusive right to use the trade mark in relation to the
goods in respect of which trade mark is registered and to obtain relief
parties arise out of
intellectual property right related to registered and unregistered trade mark
and copyright, the same is a "commercial dispute" within
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
section 107 of
the Trade Marks Act, 1999 which provides for penalty for falsely representing a
trade mark as registered. He submits that the symbol ... relation to unregistered
trade mark used by the plaintiff is an offence for which the penalty is provided
under section 107 of the Trade Marks
