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Trade Mark

(Querist) 29 November 2010 This query is : Resolved 
Respected professional colleagues,

Feel good to listen from you after a long gap.

My company had a Pharma product say Monilal which was very popular and entailed a huge sale for years. But due to some internal problem the production has been ceased and the product is out of market since last 10 years almost. But the registration is in effect. Recently we find another visually and phonetically similar product to our Monilal which is published for public view on, say15.11.2010. We want to lodge notice of opposition against that one because recently our management has decided to awake up the product again with its previous features. If we lodge the notice of opposition against the rival one, would that one override our ground because of zero sale in last 10years? Is it appropriate to abstain from any legal dispute? Is there any way out in Trade mark Act? Kindly suggest.

Regards,
Heaven2010
R.Ramachandran (Expert) 29 November 2010
Dear Haven2010,
It is another thing whether your product sale was there or not for the past 10 years.
If you feel very strongly about your Trade Mark you have to oppose if any other person is using or trying to use it.
Devajyoti Barman (Expert) 29 November 2010
If you think that there is iolation of your registered Trade Mark then you have the option to ask for injunction from the court of the ld. Distrcit Judge by filing a suit under The Trademarks Act.
s.subramanian (Expert) 29 November 2010
yes. I agree with Mr.Barman.
JT Rajasuriya, Chennai (Expert) 06 December 2010
I don't think you have a valid case. The other party can easily get over all your objections in the given scenario.
JSTR


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