Need yours Help!!!
Suresh
(Querist) 31 January 2009
This query is : Resolved
Problem:
A well reputed trademark conceived and adopted by the predecessor several decades ago and consequently used by his legal heirs on their different areas of business, however one of the legal heir registered the trademark in his name. Can he claim exclusive rights for the said trademark?
Background of the case
1. Predecessor adopted the trademark in 1960’s and doing the business along with his three sons.
2. After the demise of the predecessor his three sons partitioned and continued business on their own under the same trademark.
3. One of the legal heir of the predecessor registered the trademark for his business.
Is the registration of the trademark without any consent of the other legal heirs is Valid?
Relevant citation much appreciated
Thanks and Regards
Suresh
Rajesh Kumar
(Expert) 31 January 2009
The trademark registered is valid. It appears that at the time of registration, other brothers didnt file objections.
Despite this they can file application for cancellation of trade mark. Further, as continous user, they are entitled to use the mark. However, it is better if they move to cancel the registration of mark.
Adv.Shine Thomas
(Expert) 31 January 2009
One of the brother cannot claim the exclusive right over the Trade Mark.The said TradeMark registration is valid.The reason is that the other brothers didn't file opposition notice at the time of publication of the TradeMark in the Official gazette within the prescribed period of time.
arunprakaash.m.
(Expert) 03 February 2009
you can apply to the registrar of trademarks that there was a honest and concurrent use of the same trademark since long years under section 12 of the trademarks act 1999.
Hiralal Das
(Expert) 06 April 2009
Thanks all of you the ld. members and the author.
I think your valuable opinions will assist everybody to solve their problem/matter in question properly.
