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Vishal (Team Lead)     17 February 2015

Trade mark copied and used by other company

Recently we got to know that a company copied our brand name and registered it for trademark. The logo has been changed though. 

1. As being the original owners of the brand name can we still continue using it ?

2. Can we also register the same name ?

3. What actions can be taken against the company and within what time frame ?

 

Kindly Advice,

Thanks



 6 Replies

Kapil Chandna (Lawyer at Supreme Court of India)     18 February 2015

Dear, I hope the trademark is registered in your name first of all .... If yes then file a suit for infringement of trademark ... Kapil Chandna Adv 9899011450

Rupali Shah (Advocate & Trademark Attorney)     19 February 2015

Hi...

Your second question suggests that your trademark is not registered. First you apply for trademark registration before appropriate trademark office and then initiate appropriate legal action. You can get more info on www.shahip.com

 

Chirag Bhatt (Lawyer Gujarat High Court)     20 February 2015

1. As being the original owners of the brand name can we still continue using it ?

Answer: yes you can do so.

2. Can we also register the same name ?

Answer: yes you can.

3. What actions can be taken against the company and within what time frame ?

Answer:  (1) If you are prior user of the said trade mark, you can file a suit of passing off action against that company and get the order of injunction from the Court.

                (2) You can file rectification application to rectify the impugned mark registered by that company before IPAB (Intellectual property Appellate Board).

Immediately action should be taken.

 

Regards,

Chirag Bhatt

IP Lawyer

9824025041

 

 

 

Rupali Shah (Advocate & Trademark Attorney)     20 February 2015

Advocate Chirag has explained you perfectly...

sumit   29 March 2015

 I am an ecommerce seller and i submitted the application for registration of my trademark a month back. But now another company is mapping their products to my same brand name. Can legal action be taken against this company?

Rupali Shah (Advocate & Trademark Attorney)     11 June 2015

certainly..

You can initiate appropriate legal action.

 

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