- (1.) Heard Sri H.S. Misra, Advocate, holding brief of Sri Brij Gopal Tripathi, learned Counsel for the Appellant and Sri A.K. Gupta, Senior Advocate, assisted by Sri Madhav Jain, learned Counsel for the Respondents.
(2.) This first appeal from order has been filed against the order passed by the court below on an application filed by the Plaintiffs / Respondents as 7-Ga for injunction restraining the Appellant from using the trade mark, which is being used by him.
(3.) Sri Misra, learned Counsel appearing for the Appellant has submitted that as no registered trade mark by the competent authority is allotted in favour of the Plaintiffs, therefore, in view of Section 27 of the Trade Marks Act, 1999, a suit itself is not maintainable. Section 27 of the Act is being quoted below: 27. No action for infringement of unregistered trade mark.-(1) No person shall be entitled to institute any proceeding to prevent, or to recover damages for, the infringement of an unregistered trade mark. (2) Nothing in this Act shall be deemed to affect rights of action against any person for passing off goods or services as the goods of another person or as services provided by another person, or the remedies in respect thereof.;