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Trademark

(Querist) 24 July 2012 This query is : Resolved 
Hi Experts,

I am running a real estate business in karnataka and also i have taken trademark of the same. Recently it has come to my knowledge some other realator using my trademark name for the same business. Since i have issued notice to him. but no replay from their side. So what is the next step i have to consider . Pls give your opinion
Devajyoti Barman (Expert) 25 July 2012
You have to fIle suit for injunction in the court of ld District Judge under TRADEMARKS aCT.
This is possible if your trademark is registered under the Act.
subramanian (Expert) 25 July 2012
If your trademark is registered you can file a suit for infringement and passing off against the person under the trademarks act by filing a suit in the district court
If your mark is not registered you can file a suit for passing off.
T.R.Subramanian
Intellectual property consultant


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