trade name - reg
A.P.Rajagopal
(Querist) 01 November 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
adv. rajeev ( rajoo )
(Expert) 01 November 2010
When the trade name is regd., in another, s name then you can use it. old society with same name can initiate legal proceedings against you.
It can complaint to the registrar of societies or they may file a suit for injunction not to use the trade name in the civil court.
Trade mark is mark which is absolute use of the person/firm/society and regd in their name.
You can also dispute, but other society is obtained long back.
To avoid the unnecessary litigation it is better to change the trade name.
s.subramanian
(Expert) 01 November 2010
Since they have not filed returns,the registration,if any,of that society would have expired and got terminated automatically
Hence even if they dispute you can defend your use of the said name. You can go ahead with your trade name. If they choose to fight, they will have to go only to a civil court by way of a suit for infringement of trade name. Their you have a good defence to put forth and succeed. Good luck.
