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Regarding trademark issue for a new business in india

(Querist) 20 January 2022 This query is : Resolved 
Hello,
I am planning to launch a new business, however, we noticed that for the brand name that we wanted to use for the product, there is an existing company in the US. However, the difference is that we wanted to use their name for our product and not the company. The US-based company is a mobile gaming company and has multiple games in the market across the world.

Will this be a problem?
kavksatyanarayana (Expert) 20 January 2022
Consult a local Company Secretary. In my view when a company uses a name then the other company cannot use the same name.
Dr J C Vashista (Expert) 22 January 2022
Prima facie you have planned to start mobile game business, whether such business is permissible in India, isn't so ?

Such business cannot be registered for trademark, where such company is already registered.

However, it would be better to consult a local prudent company secretary / lawyer for appreciation of facts/ documents and professional advise.

Adv Shailendra Deshpande (Expert) 22 January 2022
Yes, using same or identical name which is already in existence can create problems. It is better to consult IP Attorney to get clear guidance.


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