Trade Mark Registration
4 months ago
I've been using a business name that is not registered for Trade Mark after few years some one registered the same name under same class business but the design and their promotions are different for each other. If that registered person claims that my business name has to be removed, will that make sense ? If it moves to court what will be expected out come?
A.Dear Client,
A brand name, logo, or trademark is considered intellectual property and plays a crucial role in distinguishing the goods and services of one brand from another. To protect a logo as a trademark in India, it should meet the criteria defined under Section 2 (zb) of the Indian Trade Marks Act, 1999. Companies Act, 2013 mandates that a company name should also not be similar or identical to a registered trademark. Therefore, any Entrepreneur having a unique business name idea can get the brand name registered to prevent the registration of a company or LLP with a similar or identical name. If an aggrieved party seeks rectification or cancellation of a trademark, they should complete the Form "TM-26" and submit it along with the required fees to the appropriate authority, which may include the Trademark Registry with jurisdiction, the Appellate Board, or the Tribunal, depending on the circumstances and where an order related to rectification may be issued. Typically, a Trademark Rectification application is filed at the trademark office where the original registration application was initially submitted. Consult with a trademark attorney or agent for guidance and steps.
A brand name, logo, or trademark is considered intellectual property and plays a crucial role in distinguishing the goods and services of one brand from another. To protect a logo as a trademark in India, it should meet the criteria defined under Section 2 (zb) of the Indian Trade Marks Act, 1999. Companies Act, 2013 mandates that a company name should also not be similar or identical to a registered trademark. Therefore, any Entrepreneur having a unique business name idea can get the brand name registered to prevent the registration of a company or LLP with a similar or identical name. If an aggrieved party seeks rectification or cancellation of a trademark, they should complete the Form "TM-26" and submit it along with the required fees to the appropriate authority, which may include the Trademark Registry with jurisdiction, the Appellate Board, or the Tribunal, depending on the circumstances and where an order related to rectification may be issued. Typically, a Trademark Rectification application is filed at the trademark office where the original registration application was initially submitted. Consult with a trademark attorney or agent for guidance and steps.
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A.Dear Client,
Trademark law can be complex and varies by jurisdiction. If someone has registered the same business name under the same class, they might have legal grounds to claim infringement. However, the outcome of a court case will depend on several factors, including the specific laws in your jurisdiction, the distinctiveness of your business name, and the differences in design and promotion between the two businesses. If your business was established prior to the registration of the other trademark, you may have some grounds for defense, but the specifics can vary. It's crucial to consult with a trademark attorney to assess your situation accurately and determine the best course of action.
Trademark law can be complex and varies by jurisdiction. If someone has registered the same business name under the same class, they might have legal grounds to claim infringement. However, the outcome of a court case will depend on several factors, including the specific laws in your jurisdiction, the distinctiveness of your business name, and the differences in design and promotion between the two businesses. If your business was established prior to the registration of the other trademark, you may have some grounds for defense, but the specifics can vary. It's crucial to consult with a trademark attorney to assess your situation accurately and determine the best course of action.
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