Principle

JURISDICTION — Passing-off — Statutory Right of Action — Section 3 of Trade Marks Act creates statutory right of action only for registered trade marks

Area of law
JURISDICTION
Court
Supreme Court

Section 3 creates a statutory passing-off right for registered trade marks. The principle applies to intellectual property law. Unregistered marks are not covered. The rule limits Federal High Court jurisdiction. The party must register the trade mark to invoke this provision. The principle is well-established.

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