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Abhishek Paul (Director)     17 October 2013

Advise on trademark law

Hello,

I run an ecommerce firm in India where we make t shirts. All our designs are original. The tee which is causing the problem is thus:

We received a notice on the same which reads as follows:

To whom it may concern,

this letter is in regards to the unauthorized use of the registered Word Mark (Trademark) 90's KID (USPTO Reg. number: 4326089, Serial Number: 85616524), found on the following links on ***.com.


https://***.com/eshop/90s-kid-yellow-graphic-tee
https://***.com/eshop/90s-kid-blue-graphic-tee


These products cause consumer confusion and are directly infringing on our USPTO trademark registration. 

We are requesting that these products be removed.


United States Patent and Trademark Office
"90's KID" Word Mark Registration Number: 4326089, Serial Number: 85616524


Original Filing Date: May 4, 2012
First Use In Commerce: March 18, 2010
Goods and Services: IC 025 US 022 039


This is written without prejudice to our rights, all of which are hereby expressly reserved.

I Harry *** (Trademark Owner) under penalty of perjury, state that the above information in the notice is accurate.


Truly yours,

Harry ***
www.***.com

The link to their trademark : https://tsdr.uspto.gov/#caseNumber=85616524&caseType=SERIAL_NO&searchType=statusSearch

 

Points to be noted:

1) The design is completely original and in-house - the elements we used do not depict the way they have branded the product

2) Trademark jurisdiction - whether the laws apply to the US and India the same.

3) The registration date says 23rd April, 2013 whereas we commenced business with this design on the 28th of March, 2013.

I need advice on the same. I am not a law student and happy no prior experience with trademark issues. Any help would be appreciated! Should I take the tee off my site?

Warm regards,

Abhishek Paul

(*** has been used to preserve privacy)



 4 Replies

Basavaraj (Asst, Manager-Legal)     17 October 2013

Abhishek paul...am from Bangalore and expertise in handling trademark issues.

 

pls call me on 09902880244

Vidhi Joshi (Trademark Registration Mumbai | IPR Firm | Mumbai | Start Up Lawyer | Copyright Lawyer)     17 October 2013

1) Reply them and ask them to send a proper legal notice.

2) You wont be affected unless and untill they have applied or already registered their trademark here in India, or are using the same prior to your usage.

3) Have you applied for registration of the said mark in India, if no then apply and state your user date as 28/03/2013.

subramanian (consultant)     25 October 2013

The protection regarding trademark and designs are territorial in nature.It means that that they have to be filed in the countries in which protection is required.Merely registering in USA does not give protection in India.If the trademark is similar to the one registered in USA you may be prvented from selling the T shirt with the same trademark only in USA.First find out the details of their registration in USA from them.In the meantime you can steps to register your trademark in India mentioning the date of using the mark.ALso of your design of the T shirt is original  ,it means if the shape of the T shirt is different then you can register your design before you sell the product under the Designs Act.

TR.Subramanian

controller general of patents designs and trademarks( EX)

anita sinha (student)     30 October 2015

Hi all,

Please advice me what to do?

A pvt ltd Co. had a trademark (registered). Now the company address has been changed and want to file another trademark. Questions are:

  • Co. shall disclosed about the  trademark( which is already registered) or not?
  • TM-34 sould be uploaded for Intimation of change of address ?
  • whether the address can be changed with old Properitor code or a new properitor code is required?

Thanks.

 


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