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rohini (lawyer)     08 April 2011

Trademark

my question is-  if m dealing in production of some kind of food product and m have applied for the registration of my product name and to get the trademark of the same.. and before my applying some other person applied for the registration of same logo name because of the reason of competition to my business.. he applied before me.. but i am dealing in business or say started business before his applying for it ...   is there any relief for me ....     please reply me       my email id is adv.rohinigupta@gmail.com...



Learning

 7 Replies

adv.Gajanan (law officer)     08 April 2011

Dear madam,,

For trade mark registration User date is so important than filing of application.If you are using thses marks n logo before that person then its your first right to get the registration of mark.Supose that party gets registration then you have right of rectification of his registerd mark.So dont worry.

1 Like

Ritesh Heda (Associate)     08 April 2011

Dear Madam,

As per the Trade Marks Act, 1999, it is not mandatory to register the mark as Trade Mark.

The person who is genuinely using the mark from the long time and not register and some other person try to claim, then, the first person has the right to file for "Passing Off" of the Trade Mark.

 

 

1 Like

Chirag Bhatt (Lawyer Gujarat High Court)     08 April 2011

Agreed

S. P. ASHOK (Advocate Bombay High Court 8450920005 advocatespashok@gmail.com)     08 April 2011

You can oppose the registration of trademark before the registration or you can go for rectification after registration.

1 Like

neelam sharma (advocate)     10 April 2011

Yes, you can always say  that the t.m used by the said company is not new and original and hence must be cancelled as per the provisions of law........

Neelam
 

shailendra (advocate)     10 April 2011

Dear Madam,

 

How did you know that you are prior user and your competitor is subsequent user.

Any ways, if you are prior user then prior user have more rights.  Still you can file TM application and oppose the TM of you competitor.
 

Nagaraja B S (Corporate Commercial & IP Lawyer)     11 April 2011

Dear Rohini,


It is really very interesting & exciting case.


Ideally you might have applied for prior date (in the application) & oppose the trademark filed by competitor. It is very essential to establish the logo / business name has been used before them like advertisment / name of their company is different etc.,


Feel free to contact me, if you need further details.


Thanks

Nagaraj

Trademark Attorney & IP Lawyer

IP Lex Global Services

Email: nagaraja_bs@iplexglobal.in

Mob: 9902007635


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