well known for serving Western food.
Therefore, the goodwill of the unregistered trade mark " The
Only Place" belonged to his father.
Thirdly, when ... father permitted the partnership
firm the use of the unregistered trade mark "The Only Place"
for a consideration paid by the Firm. Thus
infringement of a registered trade mark;
of
or
(b) Relating to any right in a registered trade mark;
or
rt (c) For passing off arising ... defendant of any trade mark which is identical
with or deceptively similar to the plaintiffs trade
mark, whether registered or unregistered, Shall be
instituted
prevent, or to
recover damages for, the infringement of an unregistered trade mark.
Sub Section (2) thereof provides that nothing in this Act shall ... provided in Section 39 of
the Act that an unregistered trade mark may be assigned or
transmitted with or without goodwill of the business
concerned
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
said trade mark in carrying out their trade in
such auto parts and accessories. The plaintiff,
therefore, approached the Trade Mark Registry for
cancellation ... Trade Marks Act,
1994
“15-034. Subject to possibly
one qualification, nothing in the
Trade Marks Act, 1994 affects a
trader’s right against another
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
registered trade-
mark. In a passing off action registration of the trade mark is
immaterial. Section 27 of the Trade and Merchandise Marks ... reads as under:-
"27. No action for infringement of unregistered
trade mark:-
(1) No person shall be entitled to institute any
proceeding to prevent
Trade Marks Act and these
provisions read as under:-
― Section 9 . Absolute grounds for refusal of registration.-- (1) The trade
marks-
(a) which are devoid ... well-known trade mark.
Section 11 . Relative grounds for refusal of registration-
......
(3) A trade mark shall not be registered if, or to the extent
second respondent that the label of the second respondent with the mark ICE is deceptively similar and so far as the label 'SHAMS ... 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
Marks
Act reads thus:
"27. No action for infringement of unregistered trade
mark.--(1) No person shall be entitled to institute any
proceeding ... prevent, or to recover damages for, the
infringement of an unregistered trade mark.
(2) Nothing in this Act shall be deemed to affect
rights
