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 …
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 …
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 …
If the proposed name includes the name of a registered trademark, then such a name should not be permitted to be registered as the company name unless the consent of the owners of the trademark has been produced by the promoters. If a name is identical with or too nearly resembles the name of which …
