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Krishna Kanth   04 December 2023

Can a trademark application itself be considered a trademark infringement

Respected sir/madam, 

I filed a trademark application on the basis of proposed to be used provision. It was objected by the registrar for being similar to a registered trademark. I didn't respond to the objection and abandoned that application. I have never used that trademark for any business or commercial purpose till now. Recently, the owner of that registered trademark sent me a legal notice alleging that I am infringing on their trademark. Can my trademark application itself be considered an infringement on their registered trademark. After their legal notice I have also requested the registrar for withdrawal of my trademark application.



Learning

 6 Replies

T. Kalaiselvan, Advocate (Advocate)     05 December 2023

You can issue a reply notice denying their allegations in this regard.

You can attach the copies of the withdrawal applicaiton along with your reply notice and solve it.

Dr. J C Vashista (Advocate and Legal Consultant)     05 December 2023

Submit your reply to the notice received by you stating facts of the application filed and withdrawan.

Krishna Kanth   05 December 2023

Sir, can my trademark application itself be considered an infringement on their registered trademark

T. Kalaiselvan, Advocate (Advocate)     07 December 2023

The application for trademark cannot be considered as an act of infringment.

Therefore you were advised to issue a reply notice denying the allegations made therein.

York Damon   15 December 2023

According to my understanding, filing a trademark registration application cannot be considered an act of infringement

Jaya (executive)     09 January 2024

Your trademark application, if not used commercially, doesn't constitute trademark infringement on its own. However, similarity in trademarks can prompt infringement claims. Despite abandonment and withdrawal efforts, the previous application might have triggered concerns. Seek legal advice to clarify your lack of intent for infringement due to non-use and your withdrawal attempts, highlighting your position to mitigate any misunderstandings or allegations.
 


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