Hi, I have a friend named Rishabh who started a small scale business of a Restaurant named "Must Eats", only 7 months ago. At that time he was not very aware of Trademarks & it's Rules so he just googled some pics in order to use them as the Logo for his Restaurant and he came across one Logo and finalized it. He used it at that time and now after around 7 months he had built a market for his Restaurant at West Delhi.
The problem arose when he witnessed one restaurant in South Delhi Market (near Motibagh Metro Station) having a small difference in spelling "Must Eat" and a similar logo with colour changes here and there which can be noticed, but the menu is totally different from his own restaurant. On further enquiry done by himself, he was amazed to know that this South Delhi Restaurant had been there since 2016.
Now, my friend Rishabh is worried a little because his Restaurant is new and he will be the one who will be called copying the Trademark and Logo. But it was not his intention.He is placing online orders also via Apps such as Swiggy, Foodpanda etc.while on the other hand, this Restaurant is not available on any online marketing platform.
Moreover my friend's Restaurant is there for placing orders, Take Away or Have it there in the Restaurant itself, but this one is only for Dine, and mentioning again the menu is quite different.
Now will he have to change the Logo of the Restaurant or Trademark or cancel the Registration of the Trademark etc.because he is the latter one?