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