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apple (student)     12 May 2011

Trade mark

Dear LCI Members,

Please clarify my doubt:

Example: suppose one school is registered under trade mark as (logo Sreenidhi) i.e "Sreenidhi International School" . whereas another institution is running without registering trade mark as (Sreenidhi) Sreenidhi  Degree college. My doubt is whether there is any legal action can be taken against the degree college.

1) Sreenidhi International school established on 2005. Trade mark registered on 2010

2) Sreenidhi Degree College established on 2002. Trade mark not registered.

Kindly give your valuable opinion.


 5 Replies

Anil Kumar H (Advocate)     13 May 2011


Basically, right over a Trade Mark can be acquired by two modes. a)By registration under the Trade Marks Act and b) By usage. The REgistered proprietor of the mark has the protection under the provisions of Trade Marks Act and the unregistered user can protect his right under the common law.

In the present case as the Degree college is the prior adopter of the mark and started using since 2002, the priority of use is on their side. Apparently they are the prior adopters and not the infringers of your mark. Hope u may not suceed initiating matter filing infringement action.

Further, Srinidhi is a common word used in India and may not suceed in protecting the right over it.

Hope this clarifies your query.


1 Like

S. P. ASHOK (Advocate Bombay High Court 8450920005     13 May 2011

Attn: apple

In your case, the mark, symbol or sign is not same, Only name is same. And the name or word can be used by anybody. Nobody can have monopolyrights over names or words. They are universal and can be used by anybody.

Only names or words which are created new are ptotected like GOOGLE, KITKAT

S P Ashok

1 Like

Summit Aggarwal (Ipr Lawyer(Trademarks Patents Designs and Copyrights))     15 May 2011


The views of Ashok Kumar are perfect and in fact it will be risky to file an infringement suit in this case, since the rights of Prior users have been given dominance over the registered trademarks having late users in so many judgements.

Summit Aggarwal


chaitanya (Advocate)     10 September 2011

I want a format of trade mark application. Please help me out

Natwar Rai (Advocate)     10 October 2011

Dear apple, No doubt action can be taken against school subject to some terms. Regards, Natwar Rai, Advocate

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