BA 02 December 2020

Trademark opposed

Dear esteemed members 1. I had filed a trademark with the ipindiaonline and was already at final stage of approval. 2. It has been Opposed my a attorney of a big company, sighting some similarity in the name. 3. I am a small venture I don't have resource to employ a Attorney to defend my case, so have decided to abandon the matter. 4. Now however they have directly contacted me and they want me to sign an undertaking on non-judiciary stamp paper notarised pledging not to use a name which is similar to theirs. is it lawful for them to ask me to do that? Kindly guide me Thanks of you time I had filed a trademark with the ipindiaonline and was already at final stage of approval. It has been Opposed my a attorney of a big company, sighting some similarity in the name. As I am a small venture I don't have resource to employ a Attorney to defend my case, so have decided to abandon the matter. Now however they have directly contacted me and they want me to sign an undertaking

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Quick Summary

A small venture owner filed a trademark that reached the final approval stage, only to be opposed by a large company's attorney due to name similarity. Lacking resources for legal defence, the owner decided to abandon the application. Now, the opposing company has contacted them directly, requesting an undertaking not to use a similar name. The owner is seeking advice on the lawfulness of this request and what steps to take, especially after deciding to abandon the trademark.

2 Replies

Pradipta Nath (Advocate) 02 December 2020

It would had been better if you state complete facts, nevertheless please don't sign any affidavit as you have already abandoned.

Shweta Bharti (--) 13 April 2026

Hello, Inquirer.

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SHWETA BHARTI

ADVOCATE- DEHRADUN, UTTRAKHAND