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deepak2312 (partner)     03 October 2014

Someone using my trade name

Dear Sir,

we are running a chain of 10  parlors in south India. started in year 2000 and got our trade name registered.

From last few days one ex employee of our salon started a new salon with same as our  name ( he changed one last alphabet )  at one kilometer from our our existing branch in Hyderabad, he is telling clients that it is opened by by the same company.

What action we can do under this circumstances?? a prompt reply will be helpful.


 7 Replies

Hardeep (Business)     03 October 2014

An action for Trade mark infringement lies. See S. 103 of the trade marks act. As a first step get evidence and lodge a police report . s. 420 of IPC may also hold.


DISCLAIMER : General information and advice provided is without any warranties as to suitability for any use, correctness and application to any specific case. Please always take proper legal counsel . However, if it helped anyone even a little a " thanks" via the " Thank Contributor " button would be appreciated and would encourage me to keep on making efforts :-) . I am also always open to corrections and further learnings from more experienced Seniors here.

1 Like

deepak2312 (partner)     03 October 2014

Should we issue any legal notice first or approach police ? Can we mention section 103 in police complaint ?

Hardeep (Business)     04 October 2014

Approach police first. Proper sections are for Police to file in their chargesheet after investigations but you may cite them in your complaint.

1 Like

deepak2312 (partner)     04 October 2014

Thanks sir.

we have also added section 43(B) of Information Technology act , 2000 as he has also stolen data of our existing  clients. Is it ok ?

Hardeep (Business)     04 October 2014

Could be - but note that you may be required to provide prima facie evidence of whatever you are alleging. Else put that as a suspicion and ask for investigation.

S. P. ASHOK (Advocate Bombay High Court 8450920005     07 October 2014

Whether he got his trademark registered?

reeti shah (lawyer)     10 October 2014

Issue legal notice of infringement to him. If u have made any agreement with him when he was working under you then you can take legal action on the basis of agreement also.

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