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CS Executive · Economic, Commercial and Intellectual Property Laws · Law relating to Trade Marks

Ravi Textiles sells shirts under the unregistered label 'RaviStyle'. A rival begins selling shirts under a deceptively similar label. Ravi Textiles wishes to sue. Which statement is correct under the Trade Marks Act, 1999?

Ravi Textiles cannot sue for infringement because the mark is unregistered, but it can sue for passing off. The Act bars infringement actions on unregistered marks while expressly preserving passing off rights and remedies, which do not depend on registration.

  1. ARavi Textiles can sue for infringement because it has used the label for many years
  2. BRavi Textiles cannot sue for infringement of the unregistered mark, but its right of action for passing off is preservedCorrect
  3. CRavi Textiles has no remedy of any kind because the mark is unregistered
  4. DRavi Textiles can sue for passing off only after the mark is registered

Explanation

Section 27(1) bars infringement proceedings for an unregistered trade mark. Section 27(2) preserves rights of action for passing off and the remedies for it. Hence the option allowing an infringement suit is wrong, and passing off does not need registration.

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