Upgrad LLM

failure to register a product is illegal?


I run a 20 member company involving production and sales of specialized packaging threads for industrial bags.

i've been running  this business for the past 6 years. I've had the Company registered 5 years back.

I market and sell the product under the brand name WONDERTHREAD

I've neither applied for a trademark or registration on my product called WONDERTHREAD ..though I've my company registered as Wonderthread Pvt. Ltd.,

My Queries are:

a) Is company registration is different from product registration? They share the same name!

b) If Person X with no experience in my line of business applies for a Trademark WONDERTHREAD, would he be granted with the Trademark?

c) If indeed he is granted with the trademark WONDERTHREAD, can he file a case against me for trademark infringement?

Any and all help appreciated.

Thanks a lot!

 
Reply   
 
Advocate

Dear Adhikessavan,

The right over the product can be established by -

A) by the prior use and

B). Registering the product under the Trade Marks Act

You will be protected under the provision of the Trade Marks Act 1999 only if you are the registered proprietor of the mark. if you are not the regiseredproprietor, you can protect your mark under the passing off action but not under the Trade Marks Act.

Query no 1:

Yes, Company registration and the product/brand registration under the Trade Marks Act is two different aspects. 

Query no 2:

Yes, a person with no experience in such business may apply for the registration of a Trade MArk and get it registered in his name submitting  that the mark is proposed to be used in the Trade Mark application.

Query no 3:

It really depends on the registered proprietor and the nature of his business of the both the parties. To avoid such situation and to have stronger rights over the mark, its suggested to get the Trade Mark registered in your/your company name.

Regards,

Anil

 

 

 
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Advocate and Trademark Attorney

Dear Adhikeshavan...

Adv. Anil Kumar has rightly pointed out the law for ur queries. Any person can apply for the mark for any goods which he is producing or intends to manufacture/produce in future and precisely, that is why the law provides for the registration of the brand name or marks.

In your case, the new commer has already applied for the mark, you can oppose the same in appropriate proceedings before the Trademark Registry. However, that doesn't restrict you from applying for registration of your mark and if he has not yet applied, you should hurry up and take every step to protect your brand name.

In case, you need any further assistance, do contact me.

Vinodkumar.

 
Reply   
 
Corporate Commercial & IP Lawyer

 

Dear Adikesavan,

Please find below response to your queries.

a) Is company registration is different from product registration? They share the same name!

Company registration comes under companies act. However, product registration

b) If Person X with no experience in my line of business applies for a Trademark WONDERTHREAD, would he be granted with the Trademark?

Experience doesn't really matter. Trademark registration can be applied based on two provisions 1) date of intention to use (future) and 2) Already using. Any individual / company / ltd company can apply for trademark registration.

Still you have chance to apply, we can help you in this regard.

c) If indeed he is granted with the trademark WONDERTHREAD, can he file a case against me for trademark infringement?

You can definitely oppose or object for the trademark registration. We can help you with more options


For more details contact

Nagaraj

Trademark Attorney & IP Lawyer

IP Lex Global Services

Email: nagaraja_bs@iplexglobal.in

 
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