False logo

Sumir (Querist) 11 October 2009 This query is : Resolved
Under which sec usage of false logo punisable?
Can third party (not related to the party whose logo has been used falsely complain)

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G. ARAVINTHAN (Expert) 11 October 2009
Trademarks Act..

Sarvesh Kumar Sharma Advocate (Expert) 11 October 2009
complaint can be registerd from third party.

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Raj Kumar Makkad (Expert) 11 October 2009
Only if the complainant has got his log trademarked from registry with right to exclusively use, only then he can start initiation of civil and criminal action against all the persons using it may be be third party under the same act i.e. Trademark Act.

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Sarvesh Kumar Sharma Advocate (Expert) 11 October 2009
with the Trademarks Act,it covers u/s-419,420,467ipc.and complaint can be registerd from third party.

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Sachin Bhatia (Expert) 11 October 2009
If the logo is registered under a Trademark only then he can start initiation of civil and criminal action with Trademark Act.

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Guest (Expert) 11 October 2009
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE .09325226691, 09271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com

REGARDING THE COMPLAINT KINDLY NOTE THAT

1.COMPLAINT CAN BE FILED UNDER TRADE MARKS ACT AND ALSO UNDER SEC.420 ,AND OTHER PROVISIONS OF INDIAN PENAL CODE TO THE CHIEF JUDICIAL MAGISTRATES COURT OR TO THE POLICE STATION.IN CRIMINAL CASES A COMPLAINT CAN BE FILED BY THIRD PARTY ALSO.

2.A CIVIL SUIT CAN BE FILED FOR CLAIMING THE DAMAGES AND COST AND COMPENSATION IN CIVIL COURTS ALSO.

IN CASE ANY FURTHER HELP IS REQUIRED KINDLY SEND DETAILS .
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.
THANKING YOU
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE.

joyce (Expert) 11 October 2009
complaint can be filed under Trademark Act also inclusive of IPC sections as forsaid by Sarvesh.Also Raj Mukkud says as to registration of trade mark usage? complnt has every right to sue the party for misusage and duplication.