Trade Marks - Law Dictionary Search Results

statute. In a passing-off action, however, the plaintiff's right is independent of such a statutory right to a trade mark and is against the conduct of the defendant which leads to or is intended or calculated to … Passing off, in action for passing off pray of actual deception is not necessary two marks bear an ovrall similarity as would be likely to mislead a person usually dealing with one to accept

Royal Arms

are two statutory provisions relating to the unauthorized use of the Royal Arms, namely, s. 68 of the Trade Marks Act, 1905 (see TRADE MARKS), which is as follows:- 68. --If any person, without the authority of His … to the unauthorized use of the Royal Arms, namely, s. 68 of the Trade Marks Act, 1905 (see TRADE MARKS), which is as follows:- 68. --If any person, without the authority of His Majesty, uses in connexion with

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False trade description

Matched in: Term False trade description

Permitted use

limitation to which such user is subject and to which the registration of the trade mark is subject. [Trade Marks Act, 1999 (47 of 1999), s. 2 (1) (r)]

Deceptive resemblance

mark is likely to deceive or cause confusion by its resemblance to another already on the Register of Trade Marks if it is likely to do so in the course of its legitimate use in market where the … two marks are assumed to be in use, Amritdhara Pharmacy v. Satya deo, AIR 1963 SC 449 (453). [Trade Marks Act, 1940 s. 8(1), 10(1)]

Deceptively similar

mark if it so nearly resembles that other mark as to be likely to deceive or cause confusion. [Trade Marks Act, 1999 (47 of 1999), s. 2 (1) (h)] In order to come to the conclusion whether one

Commencement of proceedings

the question as to the conclusive character of the registration, as laid down in s. 32 of the Trade and Merchandise Marks Act, 1958 arises. Such a question may arise in a suit for infringement of the

Property mark

that of a property mark. A mark as defined by s. 2(1) (j) of the trade and Marchandise Marks Act, 1958, includes a device, brand, heading, label, ticket, name, signature, word, letter or numerical or any combination … a mark used for denoting that a movable property belongs to a particular person. The concept of a trade mark is distinct from that of a property mark. A mark as defined by s. 2(1) (j) of

Mark

to do him damage, an action on the case will lie, and an injunction may be obtained. See TRADE MARKS. Those who are unable to write, sign a cross, for their mark, when they execute any document. See … ticket, name, signature, word, letter, numeral shape of goods, packaging or combination of colours or any combination thereof. [Trade Marks Act, 1999 (47 of 1999), s. 2 (1) (m)] It includes a device, brand, heading, label, ticket, pictorial

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