respect of
unregistered trade marks are permissible in light of the
provisions contained in Section 27(2) of the Trade Marks Act.
18) The conditions ... course
of trade. The Supreme Court has also held that,
in passing off action on the basis of unregistered
trade marks, the Court is required
Citizen Watch Co. Ltd. vs Dinesh Kumar Laxman Bhai Virda on 16 May, 2024
Author
dispute arising out of Intellectual Property Rights relating to registered
and unregistered trade marks. This means that it is a 'commercial dispute'
within
Unisn Health Check Up And Diagnostics ... vs Unison Pharmaceuticals Pvt. Ltd on 16 July, 2024
prevent, or to recover damages for, the infringement of an unregistered
trade mark;
b) Nothing in the Trademarks Act shall be deemed to affect rights
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
rights of a
registered trade mark holder by an unregistered trade mark holder
during the course of trade and therefore, there is no distinction
between ... course of trade" used in this section does not make any
distinction if an unregistered trade mark holder is violating the
(Downloaded
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
would be fruitful to refer to the
relevant provisions of the Trade Marks Act, 1999 and the
provisions of the Code of Civil Procedure ... Trade Marks Act, 1999 :
Sec.27 . No action for infringement of
unregistered trade mark -
(2) Nothing in this Act shall be
deemed to affect rights
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
