Our icon name applied by our competitor

amitmaurya (Querist) 22 April 2012 This query is : Resolved
We are a Partneship firm, our partnership deed is not registered.

we have been carring our business under the name XYZ & Co.(example)and we have created a logo of xyz.

Now one of our compitetor have applied for xyz as "work mark" behind our back in jan 2012.

This fact came to our knowlegde when we applied for xyz private limited as our company name. Now mca is saying that we cannot use xyz as our prefix.

Kindly help whether we can use any legal ground to stop him from taking our brand name.

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Devajyoti Barman (Expert) 22 April 2012
Mere usage of the same name for longer time than that of your competitor is of no use.
If your competitor has applied for trade mark then you would certainly be injuncted to use the same name.

Only prior registration under Trademark Act can save you.

adv. rajeev ( rajoo ) (Expert) 22 April 2012
Your competitor wants to use xyz as his work mark, but you want to name your co., as xyz private ltd., so it is entirely different.
If you want xyz as your trade mark your have to register it with Registrar of trade marks.