Upgrad LLM

trade mark


I applied for trade mark registration two year back. but till date my logo is not registered yet. How long it would take.

Many persons are using our logo and it is hurting our business and goodwill. What action does i can take against them. i am using my logo from last 6 years. My paid website is working from last two year and free website from last 5 years. In such situations what are the options available to me

Please advice me.
 

 
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Mr.Harish, have you asked your trade mark attorney the status of your TM applications? In any case, you may visit the official website: www.ipindianic.in and derive the status of your applications online and free. The Registry is busy clearing the backlog, and hopefully your applications too will be cleared.

If your mark is registered, you may file a civil suit for infringement of your trade mark, claim damages, submission of accounts and handing over of profits. You may also simultaneouslyh file a criminal complaint before the Magistrate of your jurisdiction and the reliefs granted are imprisonment and fine, or both.

If your mark is not yet registered, you may bring a suit for passing-off of your goods. Though damages cannot be claimed, you will be able to restrain the other party from using your mark.

 

 

 
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Advocate

I agree with Vedaa ji. Enquire with your trade mark attorney regarding the status of registration. Whether any objections were to be filed. Usually if there are no objections to your trade mark, it will get registered sooner. 

 
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thx Vedaa ji, my application no is 1810282 dt 22/04/2009. It is showing status objected. what does it means. 

If i want to file suit for passing-off, what matterial is required as the the person is not registered dealer under Sales tax.

How such process will it work and whether i will get order from court that logo is my property and no other person can use it even i dont get compensation.

 
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Corporate Commercial & IP Lawyer

Harish,


Your trademark application has been objected. IP office has sent a letter on 8/7/2010. Ideally your advocates should have appeared for hearing before Trademark Registrar / Examiner.

if you observe trademark examination report, there are already more than 4 to 5 names as Pioneer registered under same class.

Since there is no reply from the above date mentioned, it will be abandoned.


Feel free to contact me, if you need further details.


Thanks

Nagaraj

Trademark Attorney & IP Lawyer

Email: nagaraja_bs@iplexglobal.in

 
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It is sin to use anothers trade Mark to my own business?

 
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Advocate

In law, we use the term "offence"...   :) Yes, it is an offence.

 
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Thanks mam..... Mam i have one more doubt .

 
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In Family law, women should have rights to get money from her husband?

Why it is not applicable to husband's?

 
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Advocate

You should have asked this query under family law forum sectio. Anyway, it is not that only wives are entitled for maintenanace under HMA. Even husband can ask for maintenence obly if he is unable to earn his living on some genuine grounds and if his wife is earning. There are meny case laws on that aspect as well.

 
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