Can same brand name with different be sold

933 votes

if there is already registered mark with the same brand for which you will be the distributor for similar goods in India. Then in that case the registered trademark owner will have better rights over foreign brand. but if your mark is in use and has established reputation or wellknown then on the basis of extensive use you may apply for rectification of register. there are other options available but it will be fruitful if advice is according to fact and circumstances of the case.

Advocate Poonam Atey LawRato

755 votes

Hello,
For the query you posted, I would suggest the following:

I would suggest you move before the registrar as regards your specific requirements. Therein get your trademark for specific class and this proceed with work accordingly.

I hope that answers your query.

Best
M.Faris

Advocate Mohd Faris LawRato

760 votes

In case the brand belong to your foreign partner and the third party "someone else" who has registered in not true owner of brand, your foreign partner should file rectification petition / cancellation petition against this third party's registered trademark. Also, a legal notice / cease and desist notice should be sent to this third party who has wrongfully registered the trademark to stop use of the mark as well as cancel his registered mark.

Advocate Sheetal Vohra LawRato

642 votes

Yes you can sell the product in India, however the following has to be borne in mind:

1. Whether the foreign brand was the first to use the mark globally
2. The goods/services for which the Indian party has registered the mark.

Please keep the same in mind and revert for any clarifications

Advocate Nupur Kumar LawRato

685 votes

You can not use the name for the selling of the product which has its trademark registered in overseas but not in India if there is an another company registered in India legally holding trademark of that name.
However there are two other things to take note of one that is if the Indian company is having its trademark in some over division/class than of yours in which you are going to do your business then you can still use the name which you are using in overseas or else on second note that is you can have a new name for the Indian market to sell out the product which you are importing from overseas.

Advocate Pulkit Prakash LawRato