IP Case Law › Acts & Sections › Trade Marks Act, 1940
Trade Marks Act, 1940
Select a provision to see the judgments in the database that turn on it.
Section 10(1) (2)Section 10(2) (2)Section 21 (3)Section 6(1)(d) (1)Section 6(3) (1)Section 8 (1)Section 8(a) (1)
Judgments citing this Act
Amritdhara Pharmacy v. Satya Deo Gupta
Deceptive similarity between trade marks must be assessed by comparing the marks as a whole for their overall phonetic, visual and structural resemblance, from the standpoint of a person of average intelligence and imperfect recol…
AcquiescenceDeceptive SimilarityHonest Concurrent UseImperfect RecollectionTrade MarksCorn Products Refining Co. v. Shangrila Food Products Ltd.
In opposition proceedings, the reputation of a trade mark for assessing likelihood of confusion attaches to the mark itself and not merely to the reputation of the proprietor; deceptive similarity may be found even between goods t…
Deceptive SimilarityGoods Of Same DescriptionOppositionReputation Of MarkTrade MarksKaviraj Pandit Durga Dutt Sharma v. Navaratna Pharmaceutical Laboratories
An action for infringement of a registered trade mark is a statutory remedy in which the use of a deceptively similar mark is itself actionable regardless of get-up, packaging or intent to deceive, whereas an action for passing of…
Acquired DistinctivenessDeceptive SimilarityDescriptive MarksInfringementTrade MarksRuston & Hornsby Ltd. v. Zamindara Engineering Co.
Where the essential or dominant feature of a defendant's mark is deceptively similar to a registered trade mark, the addition of a descriptive, geographical or laudatory word does not by itself cure the infringement; for marks tha…
Composite MarksDeceptive SimilarityDominant MarkInfringement