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Suit is maintainable even if it is filed by unregistered firm for grant of injunction against infringement of its trade mark

May 31, 2011
Case Law : M/s. BADEMIYA, MUMBAI & ORS v. MUBIN AHMED ZAHURISLAM [BOM] Decided on 25.03.2011 M/s. BADEMIYA, MUMBAI & ORS, the plaintiff's have prayed for an order and injunction restraining MUBIN AHMED ZAHURISLAM, defendant's from using the trading name 'BADEMIYAN' and the trademark or the logo of 'BADEMIYA' in relation to defendant's business of manufacturing and selling or dealing in eatables., As against the defendant's contention, the injunction was granted stating that:-
  • filing a suit is a statutory right under The Trade Marks Act, 1999 and suit is maintainable even though Partnership Firm is not registered under the Parntership Act, 1932.
  • the plaintiff's is not deprived of any benefits in respect of the existing registration for not applying for re-classification from class 42 to class 43.
  • the impugned trade mark of the defendant is visually and phonetically identical or deceptively similar to the plaintiffs registered trademarks.
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