| S. No. | Infringement | Passing off | |
| 1. | Type of remedy | The statutory remedy under Section 29(1) of the Trade mark Act, 1999 | Common-Law remedy |
| 2. | Registration | It is a pre-requisite | It is not required |
| 3. | Proof | Plaintiff is only required to show deceptive similarity, as there is a presumption of confusion | Apart from proving deceptive similarity, the Plaintiff is also required to prove confusion in public and the likelihood of injury to the plaintiff’s goodwill |
| 4. | Jurisdiction | The registered proprietor or registered user of the trade mark can institute the suit where they actually and voluntarily resides or carries his business or personally work for gain | Section 20 of the Civil Procedure Code, 1908 would apply |
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