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D.Kumar (Director Mkt)     16 August 2009

Trade name Vs. Corporate name

My company Sonata battery Ltd is selling button cell with the Trade Mark JEWEL but titan has filled a suit in HC that in this case Titan says that  they have registered Trade mark under class 14 in that include watch, clock & "Parts Their of" and  batteries are the integral parts of watches. but batteries are coverd in class 9. can we use it for us .we have also applied for trade mark "Sonata Gold" in class 9 in July 2009. Titan Industry has applied for "Sonata " in class 9 in Jan 2009. we never write on packing that our button cell are for Watches

 Point is that  "is the button cell intergal part of watches?"  presently Titan is not manufacturing or trading any kind of watch Button cell in the Name of "Sonata" they are selling their batteries in the name of Titan.

 



Learning

 1 Replies

Priyanka Behal (Lawyer)     22 August 2009

Mr Kumar,

         If a person has obtained enviable goodwill and reputation under a trademark and extensively using the same. The class of goods does not matter. The goods of same description or cognet goods can also cause confusion. It depends only on the priorty of use. If you have been using the name since long or prior to opposite company.........also you can claim that you are not using your corporate name as  a trade mark there are many case laws refering that corporate name is diferent from a trade mark.  


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