sabina K . (business) 15 September 2009

Same name

A pvt Ltd.company say wxyz private limited has applied for trademarking the company name after the tradesearch has verified that this name is not trademarked. Later this co finds that another well established company in the same line of business say abc .ltd has a division called wxyz. . While the name abc ltd. is registered and quite wellknown, this division wxyz is not very well known and neither has it been trademarked but it came into operations before wxyz pvt ltd was formed.

Now can abc ltd take legal action against wxyz pvt. ltd. for using the name of a one of their divisions???

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2 Replies

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

Yes legal action can be taken by abc Ltd against wxyz Pvt. Ltd. But it is necessary that the said trademark though not registered by abc Ltd should have been put to use since inception. If you are unable to prove user of that the said trademark or establish the prior right or prove that the said trademark has not been used, then there are definite chances that you (abc ltd) can loose the legal battle.

(Guest)

whether the division (wxyz) of the parent company (abc Ltd.) is using trade mark of the parent company? If it is not using trade mark of the parent company, then it can not sue against another applied pvt.ltd for trade mark registration.