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trade mark

(Querist) 10 July 2010 This query is : Resolved 
Sir,
panorama is a registerd trade mark under class 9.he is dealing mainly dish antennas & electronic products since 1996.but other person using same name PANORAMA for computer hardvare and computer antennas.the second person using this name since 1995.but he didn't have any trademark.my question is that , the second person have any right to use this name for dealing computer acessories?
Devajyoti Barman (Expert) 11 July 2010
If the business of the registered trade mark is facing loss due to this misuse then case under the Act for injunction and other ancillary reliefs can be sought for.
Kumar Thadhani (Expert) 11 July 2010
Sir if you Trade NAME 'PANORAMA' under class 9 for dealing mainly for dish antennas & electronic products sine 1999.(If you prove with documentary evidences that the second person for which you are talking about is also using the same electronic products then there is no misuse)However you can file for interim injunction and relef from the Local Magestrial Court OR City Civil and Session COURT .


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