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John Miller (Business Strategist)     08 April 2021

Can i take a matching trademark for my product?

Can I take a matching trademark for my product?



 3 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     08 April 2021

Hello,

You will not get an identical trademark of another product. 

Sankaranarayanan (Advocate)     08 April 2021

your query seems academic . elaborate your issues for suggestion 

LegalWizin (Online Legal Service)     14 April 2021

Trademark provides exclusive right to its owner who can use the Brand name (Registered or applied mark) for all his/ her products or services and the owner can also stop someone from the unauthorised use, misuse or infringement of his/ her brand name.

In your case, if you wish to take a matching Trademark for your product with some existing brand, you may face some consequences for this which is as follows:

  • If applied with Registry – The application may receive Objection from Trademark Registry for using similar/ resembling Trademark with existing one.
  • If Registry accepts the brand name, there are chances to receive an opposition from the Third Party whose name is matching with your brand name.
  • The Third Party (owner of existing brand name) can send you a Notice to stop you from misusing the brand name and infringing with his/ her product goodwill.

Hence, it is always recommended to think for a unique name and get the same protected by Trademark Registry.

If you need assistance for trademark registration and availability check, reach Trademark expert at LegalWiz.in


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