LIVE Course on Transfer Property Law | Price Hike in 4 days | Grab it now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

shonith (Law Officer)     19 August 2009

Trade mark Infrinchment

Dear All,

Our company have come across imitations of the"XYZ" brand logo and packaging graphics of our electrical goods in Karnataka and Andhra. The pakage has no manufacturers name. Apparently the imitation also claims a registered number 1327633.

 

Since our company's  logo is a registered trademark, What are the remadies available to us gainst the dealers who are selling this goods with deceptively similar trade marks? 

Whether we can inform this infringement any govt. authority?

Is it possible for us to file a complaint before a police officer?

Awaiting for an immediate reply.

 

Thanks and regards

SHONITH



Learning

 4 Replies

VIKAS WALIA (LAW OFFICER )     19 August 2009

Dear Shonith, first of all u should got hold of complete information as to whether the said trademark is already registered with the office of the Registrar of trade marks or is under process for registeration. In case the same has already been registered then ascertain the date of priority of such trade mark i.e. from when the said trade mark shall be considered to be in force. Thereafter, in case said trademark is found to be imitated or is granted after the priority date of the trademark for your product , then in such case, u can move to the court of District and Session Judge (or in some case like New Delhi where Hon'ble High Court is also empowered) and file petition against such infringement alongwith prayer for grant of injunction, thereby restraining the respondent from using the impugned trademark.

shonith (Law Officer)     20 August 2009

Dear Sir,

As the selling of products having the defective  trade marks is a cognisable offence,

 whether we can file a police complaint against that dealer?

Thans&Regards

Shonith

Priyanka Behal (Lawyer)     22 August 2009

Mr. Sonith

The registration no. which you have given is of a registered trade mark "SEEMA SPECIAL". So it is clear that the claim of registratin under given no. is false. and as your trade mark is a registered trade mark you can immediately file a suit for infringement of trade mark along with an urgent and an injunction application and also praying to appoint a local commissioner in the court of additional district judge or hight court accoring to the valuation of the suit. So that court can swiftly consider your matter and appoint a local commissioner with neccessary police assisstant.

shonith (Law Officer)     25 August 2009

Dear Madam,

Thanks for the Advice.

If a person got succeded in getting a registration for a trade mark, which is deceptively similar/identical with our trade mark which was registered earlier, is there any remedy to cancel that registration of that deceptive trade mark?

Why the trade mark registrar is allowing the registration of this type of similar trade mark in the same filed?

This deceptive trade mark is also used in the same type of products manufacturede by us, this creats a lot of confusion in the mind of public and also from where we can get details about the trade mark by giving the trade mark number?Is it available in the web?

Earliest reply much appreciated.

Thanks&Regards

Shonith

 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading

Post a Suggestion for LCI Team
Post a Legal Query