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D.Kumar (Director Mkt)     15 August 2009

Trade name Vs. Corporate name

 

My company Sonata battery Ltd is selling button cell with the Trade Mark JEWEL but titan has filled a suit in HC that Sonata is the registed trade mark of Titan Industry under class 14. but batteries are coverd in class 9. can we use it for us .we have also applied for trade mark "Sonata Gold" in class 9 in July 2009. Titan Industry has applied for "Sonata " in class 9 in Jan 2009. we never write on packing that our button cell are for Watches



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 7 Replies

R.R. KRISHNAA (Legal Manager)     15 August 2009

If you are a prior user in class 9 goods certainly your right cannot be defeated.  Since you are in the field of the class 9 goods and if you are able to prove user for many years (as you have carried business in the trade name sonata for batteries for many years) you can very well maintain you application in class 9.

As regards the suit filed by Titan, I can say that you have to defend that the goods in class 14 and 9 are different and you are a prior user in class 9.  Though Titan has a registered trademark Sonata, If you establish your user rights over the name sonata then you can protect your right. 

D.Kumar (Director Mkt)     16 August 2009

in this case Titan says that  they have registered Trade mark under class 14 in that include watch, clock & "Parts Their of" and  batteries are the integral parts of watches. recently ( Jan 2009)Titan has also applied for Batteries of all kind & Watch Button cell under class 9. Point is that  "is the button cell intergal part of watches?" we have also applied for Trade mark "Sonata Gold" trade mark for batteries in July 2007. presently Titan is not manufacturing or trading any kind of watch Button cell in the Name of "Sonata" they are selling their batteries in the name of Titan.

R.R. KRISHNAA (Legal Manager)     16 August 2009

How long you are using sonata as tradename for batteries?  If you are a prior user for the name sonata then you can sustain your right.

D.Kumar (Director Mkt)     16 August 2009

we are using our company name from july 2007 for Button cell and Titan is not using sonata for batteries.

D.Kumar (Director Mkt)     16 August 2009

please see the atteched file

D.Kumar (Director Mkt)     16 August 2009

but titan says that sonata is registered trade mark under class 14. titan has registration for Watch, Clock & Parts theirof. and button cell is the integral part of  Watches.further titan is not using sonata brand for button cell nor have registration

Rathin   27 December 2019

I am really happy to say it’s an interesting post to read. And i am new to this forum. And also i like to share about MPSC Notification.


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