S. No.InfringementPassing off
1.Type of remedyThe statutory remedy under Section 29(1) of the Trade mark Act, 1999Common-Law remedy
2.RegistrationIt is a pre-requisiteIt is not required
3.ProofPlaintiff is only required to show deceptive similarity, as there is a presumption of confusionApart 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.JurisdictionThe 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 gainSection 20 of the Civil Procedure Code, 1908 would apply