query reg trade name - reg.,
A.P.Rajagopal
(Querist) 30 September 2010
This query is : Resolved
sir/s
i have registered a trade name for our society and the same has been in use with another society for more than 50 years and they have not filed even any returns n forms with roc for the last 15 years.
my doubt is.,
1) whether they can dispute our usage ?
2) in what way they can dispute our usage
3) where will they dispute our usage ie., registering authority r any tribunal r in judicial court ?
4) what is the difference between trade mark n trade name ?
5) whether we can dispute their usage of name since we have registered the trade name n obtained the certificate ?
6) the purpose n aim of their society differs from our purpose n aim and whether still they can dispute our usage?
7) what does the ip act says in this kind of situation ?
kly may spare ur valuable time to clear my doubts.
tks n rgs
raj
Devajyoti Barman
(Expert) 25 October 2010
If you have got the registered trade name prior to that of the another then it can not dispute your usage. However, if they choose to do so then the Registrar of the Society will be the forum. Yes, you can dispute that name.
