Legal System

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Written by:

Helen H


Date added:

September 8, 2015








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However, the complete specification may be filed at any time after 12 months aforesaid but within 15 months, if request to that effect is made to the controller and the prescribed fees is paid on or before the date on which the complete specification is filed The basic difference between an infringement action and an action for passing off is that the former is a statutory remedy and the latter is a common law remedy...
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Accordingly, in order to establish infringement with regard to a registered trademark, it is necessary only to establish that the infringing mark is identical or deceptively similar to the registered mark and no further proof is required. In the case of a passing off action, proving that the marks are identical or deceptively similar alone is not sufficient...
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