The trademark must be an important part of any business which helps a company to involve any business. The threat of legal proceedings and trade libel is described below: Threat of legal proceedings The last preceding does not assign sub-section, if the proprietor of trademark registration. Passing off section 142 of the act applies only …
Evidence in Trademark Proceedings
In all proceedings before the registrar evidence is given in the form of affidavit. The registrar has, however, discretion to take oral evidence in lieu of or in addition to evidence by affidavit. Certain formalities have to be complied with in preparing and executing an affidavit. The trademark may be exercised to make certain formalities …
Defences in passing off actions under their trademark
In an action for passing off the defendant may set up the following defences: The name, mark or other symbol, the use of which is sought to be restrained, is not distinctive of the plaintiff’s goods or business. The defendant’s use of the mark, name or other symbol is not transfer off his business or …
Miscellaneous cases of passing off a trademark
The miscellaneous cases of passing off a trademark is been listed below : Exhibitions and melas If a name has become associated with the exhibitions held by a person, the use of that name by another for a similar purpose may be restrained. Plaintiffs had been conducting a Diwali Mela at Krishnaswamy Nagar (name of …