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NITISH KUMAR (company secretary)     22 May 2014

Trademark similarity

RECENTLY I HAVE RECEIVED A LETTER FROM A COMPANY WHICH HOLDS A TRADEMARK REGISTERED UNDER CLASS 32 BY THE NAME  "ABC". MY COMPANY NAME ALSO CONTAINS ABC  WHICH WAS INCORPORATED IN 2011. NOW THE TRADE MARK OWNER IS DEMANDING THAT AS THEY HAVE THE TRADEMARK REGISTERED UNDER THE ACT WE SHOULD CHANGE OUR COMPANIES NAME. MY CONTEXT WITH REGARD TO THIS IS THAT BOTH THE COMPANY HAS DIFFERENT FIELD OF OPERATIONS. ONE DEALS IN ALCOHOLS AND THE OTHER DEALS IN SHIPPING.

WE BELONGS TO CLASS 39 AND UNDER THAT THE TRADEMARK OWNER HAS NOT REGISTERED ITS NAME.

IN CONTEXT OF COMPANIES ACT, WHAT STAND SHOULD I TAKE AS CHANGING THE NAME OF THE COMPANY WILL AFFECT OUR BUSINESS HUGELY.

 

THANKS IN ADVANCE

NITISH



 5 Replies

Mahesh R. Sonawane (Lawyer/Fight for justice)     22 May 2014

I think you have remedy of filing civil suit of injunction..

T. Kalaiselvan, Advocate (Advocate)     23 May 2014

The query relates to Intellectual property laws, hence a suit in this regard solve the issue, however you may issue a legal notice to the other company before filing the suit.

subramanian (consultant)     28 May 2014

The matter relates to two acts. 

1 The companies Act under which the name of the company is registered.

2 The trade marks act under which the  trademark for goods and services  are registered

If a company has registered a particular trade

mark in any class  it cannot prevent any other person for using the trademark as their company name.

you can therefor inform them accordingly.

T.R.Subramanian

ex controller general of patents,  designs and trademarks

Suresh (Lawyer)     05 June 2014

I strongly agree with  a view of Mr. Subramanian. You may send the reply notice informing accordingly...

Prashant Mule (LEGAL SERVICES)     15 June 2014

With due respect to the advise posted previously,

I think you have received a Cease and Desist notice asking you to stop using the previously registered trademark. (okay registered in different class.)

and that you have incorporated a company (We call it as Trade Name)  with the similar name.

The advise would be.. 

You weigh your self how you have placed, compare with the reputation and goodwill of the notice/complainant weather you can justify that you are not encashing your sales upon the complainant, if yes then go for changing your trade name. (here I take that you are using the mark only in trade name and not on product.)

Defending the Case of Infringement/Passing off will cost you like anything and it is not two slice bread but two slice diomond.

 

 

 


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