ANAGH MISHRA (STUDENT ) 17 July 2010
guys out ther...i wanted to know can there be a suit for trademark infringment when both the plaintiff trademark and the defendents trademark are registered ?? is a suit for infringment only against an unregistered proprietor ? and can ne1 post me case laws...in cases where surnames have been used a trademarks ?
Rema (Advocate) 28 July 2010
The usage is most important. Please note that according to the Indian Trade Mark Act, Registration of Trade mark is not compulssory for a claim on the mark. . The evidences of first usage(user) is most importatnt. Regarding the Regd user, the most important practical right is the right to file a suit at the jurisdiction of the regd. owner.
There is no strict barring in the usage of surnames, though some are not objectionable.
Regarding case details, you are requested to raise the exact questions. A number of cases are available. First u ple. go through the Act and put the exact situation of case.
The question is very interesting. Thanks.
Rema
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