Bharath.T. (Criminial And Civil) 13 November 2013

Case of deceptive similar, upto what extent??

Upto What Extent a Case of Deceptive similar is taken into account.

Example Case:

ABC is using a name called REAL CLUB unregistered in commercial goods for some years, meanwhile another competitor XYZ uses the name ORIGINAL REAL unregistered in same commercial goods to affect the reputation and business of ABC.

By knowing about XYZ's intention to downgrade reputation and goodwill of ABC's product in market by using the same deceptive name and product copying, ABC files a trademark application and is pending from a month.

1) What remedies available to ABC ? Civil or Criminal ?

2) Is it a case of Deceptive Similar?

Kindly revert back with valuable suggestions and opinions.

Thanks & Regards

Reply Follow

2 Replies

Prashant Mule (LEGAL SERVICES) 15 June 2014

Both the marks are not invented or created words but just a combination of two Words you both can not have exclusive right to use, but having said that If your mark has achieved goodwill and gives secondary meaning for your goods then you have good chance to prevent the XYZ from using the suffix REAL in its mark.