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 ... registered trade-mark. In a passing off action registration of the trade
mark is immaterial. Section 27 of the Trade and Merchandise Marks
copying trade mark of the respondent. The
(2) A trade mark which—
(a) is identical with or similar to an earlier trade mark ... extent, the earlier trade mark is a well-known trade mark in India and the use of the later mark
without due cause would take
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
shall,
in relation to a registered trade mark or proprietor
of such mark, be subject to the rights created or
Cri. Appln. No. 1471 ... alleged offence relates to a
registered or an unregistered trade mark and
the act or omission is permitted under any
other law for time being
whether there
is "passing off" on the basis of unregistered trade
mark generally for deciding the question of deceptive
similarity are as under
name so
as to infringe the plaintiff's registered trade mark and trading style
'RELIANCE' and domain name www.reliancemedipharma ... relevant time and logo
'RELIANCE Rx" was unregistered trade mark in the year 1986 and
the same was registered in the name
were unauthorizedly using their marks and accordingly
registration of trade marks was introduced in England by the Trade
Marks Registration Act, 1875, which was soon ... person using a mark which
is the same or deceptively similar to his trade mark, he can protect his
trade mark by an action
again wondered whether the word mark O2, is a partnership firm
or a trade name or a trade mark or a device. Its had been ... wherein the witness had stated that the mark O2 Health Studio was
unregistered as on the date of the suit and the assignment deed wherein
registration of the trade mark, after considering and deciding the
opposition, if any, raised for registration of such trade mark. It does not
provide ... reads
as follows :-
"27. No action for infringement of unregistered trade
mark:-
(1) No person shall be entitled to institute any proceeding
to prevent
declare the Plaintiff's Trade Mark TEXMO as a well-known Trade Mark; (E) To grant order of delivery up of any brochures / printed ... under Sub Section (xvii), intellectual property rights relating to registered and unregistered Trade Marks, Copyright, Patent, Design, Domain names, Geographical indications and semi-conductor integrated
