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Alok Kumar (Administrative officer)     14 September 2017

Trade mark registration

a well known company is registered out side of India in trademark. now we want to use that name to register trademark in India only.
now my question is.
1. it can be registered in India or, further it has no offices or work in India.
2. they were using the trade mark name for their website. which can be accessible in India.
3. in which ground we can register it.

Thanks & Regards


 2 Replies

Shrijay Sheth   21 September 2017

Any Trademark Registered provides the exclusive right over the Wordmark and Logo to the extent of specific geographical boundaries. Before making an application for Trademark Registration of same name in India, one shall first know under which law it is registered and accordingly the jurisdiction of its ownership can be decided. If the law does not grant protection in India, one can apply for the same name for Trademark registration under Indian Trade Marks Act, 1999.

Further, if the Trademark registered outside India falls under the category of Well – known trademark, registration of same under Trade Marks Act can be objected as well as rejected by the Registry of Trademark. A thorough Trademark Search will also be required to be made to confirm the availability for application of Trademark in India. For which, you may consult a Trademark Experts and seek consultancy about same as per the facts involved in the case.

Feel free to consult experts at LegalWiz.in at 89806 85509 or drop an e-mail at support@legalwiz.in, in case any further clarification required for Registration of Trademark.

Kapil Gupta (Advocate)     25 February 2018

If that name is not registered in India, you can make it register. Contact your Trademark Attorney and apply. Thank you.

                                                                                                                                                    Kapil Gupta

                                                                                                                                            Trademark Attorney

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