Upto What Extent a Case of Deceptive similar is taken into account.
ABC is using a name called REAL CLUB unregistered in commercial goods for some years, meanwhile another competitor XYZ uses the name ORIGINAL REAL unregistered in same commercial goods to affect the reputation and business of ABC.
By knowing about XYZ's intention to downgrade reputation and goodwill of ABC's product in market by using the same deceptive name and product copying, ABC files a trademark application and is pending from a month.
1) What remedies available to ABC ? Civil or Criminal ?
2) Is it a case of Deceptive Similar?
Kindly revert back with valuable suggestions and opinions.
Thanks & Regards