My company's name is same as company in US want to know legal effect

795 votes

You must be cautious in using the same as you may be held liable for infringement and/or passing off with regard to the business/trade name of the US entity, if the US entity pursues the matter in India. Transborder reputation is well recognised in Indian courts, meaning thereby that even if the US entity does not provide its goods and/or services in India, it may still succeed in a claim for infringement and/or passing off, especially if the US entity has registered its trading name as a trademark in India. On a separate note, you may be able to defend your adoption and use of the deceptively similar trading name/mark if the same is descriptive of the goods and/or services that are being provided.

Advocate Ankit Sahni LawRato

982 votes

Please check if they (US Company)have applied for registration in India.If not then immediately apply. If possible change your company name preference for long term benefit.Please note that unless a name is enjoying international reputation like Coca cola or Nike,others do not enjoy cross country immunity.Please do check if they have advertised in Indian magazines and in Indian Business circles beforehand.If can do this feasibility search and registration for you.I presume that you are the Indian company using the similar name.

Advocate Rishi Kulshresth LawRato

861 votes

Hi, As per section 22 of Companies Act 1956 and similar provision of Companies Act 2013, the company register later on the similar name or most resemble name of the earlier company should change it name. The provisions of trade mark offences are similar to that of similar name also.

Advocate Ganesh Singh LawRato