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Naresh Kumar (Student)     29 October 2009

Un Registered Trade Mark

Please let me know, can a Proprietor of an un-registered trade mark can take any leagal action on the ifringements of that mak



Learning

 9 Replies

R.R. KRISHNAA (Legal Manager)     29 October 2009

A suit for passing off can be filed.

Sanjeev Kuchhal (Publishers)     29 October 2009

Mr. Krishna is right.  Even if the trademark is unregistered, passing off action is maintainable as nobody has right to represent his goods as the goods of somebody else.

Even the subsequent registration by a subsequent user of his mark the prior user, even of an unregistered mark would be entitled to bring an action for passing off on the ground that the former has adopted which is identical or deceptively similar his mark.

 

Naresh Kumar (Student)     29 October 2009

Thank you Mr.Sanjeev.

I would like to know about SHOW CAUSE HEARING, which should be attended by the applicant or the agent, at the time of Trade Mark Registration. We should pay any fee ro the Registry?

Vedaa Mirazkar (98457 02459) (Lawyer)     29 October 2009

no - there is no fee to be paid to the Registry to attend the hearings. Further, when the trade mark registration certificate is ready - at that time also, no fee is charged. For further details, you may get in touch with me at 98457 02459.

Kabir (knowledge process)     18 November 2009

Yes Friend

you can claim by passing off

If ur using trademark from long time and u have legal usage of it. Then u can apply by passing off  but cant claim for damages

Priyanka Behal (Lawyer)     22 December 2009

You can go for passing off action. there is no fees to attend hearing in Trade Mark Registry

shailendra (advocate)     02 April 2011

Sir,

Suit of infringement cannot be filed for un-registered trademark. you have to opt for passing off. it very long drawn process as compared to infringment suit. it is advisable to file fresh application of TM. other you might be too late.
 

Ashok. B.V. (Executive-Legal)     16 April 2011

It is very clear in section 27 of the Trade Mark Act 199 that

' no infringment action will lie in respect of an unregistered trade mark, but recognises the common law rights of the mark owner to take action against any person for passing off goods as the goods of another person or as services provided by another person or the remedies thereof.

thanks

Snigdha (advocate)     03 May 2011

Passing off is a remdey availalbe to you.

For further clarification, Please feel free to contact me at advsnigdha27@gmail.com

Thanks


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