from using the impugned trade mark/trading style/domain
name "ROOKIE" or using any other trade mark/trading style/logo etc
which ... include the unregistered
trade mark "ROOKIE USA". Section 29 of Trade Marks Act, governs
the infringement of registered trade mark by a person
Section 31(1) 15 of
the Trade Marks Act.
9.2 It is true that registration of a trade mark does not immunise its
proprietor from ... original registration of the trade mark and of all subsequent
assignments and transmissions of the trade mark shall be prima facie evidence of the validity
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
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
trade mark, protection, in an action for passing off, is
sought of a trade mark. Moreover, once the law relating to
trade marks has been ... codified, saving the action for passing
off in respect of unregistered trade marks, it is not open to
contend that an action for passing
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 the trade mark is registered and to obtain relief
menu covers etc. He submits that even in respect of an unregistered
trade mark, which is an abbreviation of registered trade mark, statutory
protection ... registration of the trade mark and is also recognized by Section
27(2) of the Trade Marks Act. In a recent decision of Pernod Ricard
trade mark which
is identical with or deceptively similar to the plaintiff's trade mark, whether registered or
unregistered,
shall be instituted ... trade mark which
is identical with or deceptively similar to the plaintiff's trade mark, whether registered or
unregistered,
shall be instituted
Trade Marks Act, that an action for infringement cannot
lie at the instance of one registered mark holder against another,
though ... each of them could maintain an infringement action against a
third, unregistered trade mark holder.
32. The rival claims of passing off, as levelled
Ieee Mumbai Section Welfare ... vs Global Ieee Institute For Engineers on 2 July, 2025
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