Sahil Sood 30 December 2016

Trademarks

Dear Sir/Mam, I have applied for my brand Trademark Registration 3 years back and still my application is in process. As some of my competitors are using my brand name so as an applicant do I have any rights to stop my competitors from using my brand name and copying it as we are using this brand since 1981. Can I take any legal steps to stop them using my brand. Regards, Sahil Sood

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3 Replies

Adv. Yogen Kakade (+ 91 9225510883) 02 January 2017

If your Trademark registration is in process.. you can issue a notice to the parties to intimate about such ongoing process.

Enquire about the status of your application and get to know the reason for the delay.

Adv. Yogen Kakade

Jurycon Incorporation

Advocates & Consultants
Email: juryconincorporation@gmail.com
Web: www.juryconn.in Call: 020-65248888 / 09225510883

Adv.Megha Harshwal (IPR Attorney) 22 February 2017

You can a file a suit for passing off if you are the prior user as in case of passing off registration is not mandatory but prior user has to be proved by documentary evidence.

Archit Agarwal 06 September 2017

Trademark is a Legal right which indemnifies your product to get copied by someone else and if someone did then the Trademark Owner has every right to sue the other party for using their name. And also be entitled(subject to case proceedings) to collect the profit earned by the fault party from the brand.

If in case the Trademark is not registered and still under process than you can send a notice to the Faulty party for stop doing business with the same name and this will also help you when you will proceed case after getting the Trademark Registered.

Click here to apply Trademark or Check Trademark Status