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Desmond Nazareth (MD)     14 August 2012

Indemnification

Hi:

We are looking at doing co-branding with a party which has applied for trademark registration in Class 33 one about a month ago in India. This trademark is likely to be opposed or objected to as there are two other similar trademarks that have been objected to, or opposed, over the past 5 years and have not yet been registered.

The co-branding party wants to get started and use the mark in a couple of months. They say that they will indemnify us if there is a legal issue. 

There is also a third-party manufacturer involved, who is concerned that in the event of a dispute, both they and my company will be taken to court and have to defend ourselves at our own expense.

The maufacturuer and our company want to stay out of legal 'troubled waters'... what do you advise?



Learning

 3 Replies

Kishor Mehta (CEO)     14 August 2012

Sir,

It will be in the best of your interests to stay away from this transaction.

Regards,

Kishor Mehta

Desmond Nazareth (MD)     15 August 2012

Thanks for your advice, Kishor :-)

Are there any IP lawyers who can comment? If we start producing product with this trademark before it comes up for registration, what is the worst that could happen, given our situation?

Cheers!

Kishor Mehta (CEO)     15 August 2012

Sir,

Entering into any illegal enterprise is like falling into a deep slippery pit, the worst thing to happen depends on the will and monetary strength of the adversary. Sometimes the whole body of an elephant may pass through the eye of a needle and his tail may get entangled. If the matter is as imporant to you as a matter of  life and death you may go ahead inspite of advice to the contrary.

All the best & regards,

Kishor Mehta


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