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CS Professional · Intellectual Property Rights - Law and Practice · Types of Intellectual Property

Kaveri Textiles Pvt Ltd of Surat has used the invented word 'ZORVIK' for its sarees since 2015 without registering it. In 2024 a Jaipur firm begins selling sarees under the same mark and Kaveri wants to stop it. Under the Trade Marks Act, 1999, what is Kaveri's available remedy against the Jaipur firm?

Kaveri can sue for passing off. Indian trademark law recognises common law rights in an unregistered mark that has acquired goodwill, whereas an infringement action requires registration. Use for several years does not itself amount to registration, so only passing off is available.

  1. AAn infringement suit, because use for nine years automatically creates registration
  2. BAn action for passing off, because the mark is unregistered but has goodwillCorrect
  3. CNo remedy, because only registered marks are protected in India
  4. DOnly a criminal complaint, since civil remedies need registration

Explanation

The Act preserves common law rights of passing off for unregistered marks. Kaveri can show goodwill, misrepresentation and damage. An infringement action needs a registered mark, so option A is wrong because use alone does not create registration.

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