671+ Lawyers are online 
Can we get same TM for the same name but different nature in business
17-May-2023 (In Trademark & Copyright Law)
We starting company - "Solitaire Safari" where we help consumers source diamonds directly from manufacturers , with our expert advice we save their money and suggest best diamond out of 1000s of diamonds. Recently we found a very popular gaming company by the name of "Solitaire Safari", can we face problems in future regarding trade mark & Copyrights for the same Name although the business of both is different
That's a good question. However, to give an opinion we would have do legal research to determine whether it is a well known mark and in which classes registration has been obtained by the companies in question.
Helpful?
19+
19+
Adv. Divyang Chandan
Mumbai | 25+ Answers
CONTACT NOW
As per the trademark act, the registration of a trademark confers upon the owner the exclusive right to the use the trademark in relation to the goods or services in respect of which the mark is registered. Hence you firstly need to check whether the gaming company has registered the mark "Solitaire Safari" and in respect of which class of goods.
If the mark has been registered by the gaming company for a class completely unrelated to the one you propose, you can proceed to register your mark in such other unrelated class unless the trademark of the gaming company would qualify as a "well known mark"
If the mark has been registered by the gaming company for a class completely unrelated to the one you propose, you can proceed to register your mark in such other unrelated class unless the trademark of the gaming company would qualify as a "well known mark"
Helpful?
24+
24+
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Trademark & Copyright lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
