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My Trademark (Unregistered) is used by other party without consent


05-Dec-2023 (In Trademark & Copyright Law)
I was owning a fast food restaurant at Thane , I trade marked it with (KHAO GALLI ) under class 43. I ran it for 2 years and then decided to sell the business. Since premise was on rent, I got a buyer and introduced him to the owner. They agreed for the new agreement and I cancelled my agreement. New owner now has active agreement for that premise with different name (not Khao Galli) , however they are still using my trade name "KHAO GALLI". We had agreed that I will sign business agreement with them to transfer all rights,but same is still not done, and now they have started renegotiatig deal value which is unfair. What happens now ? Can I complain against them as Trademark is still on my name , even though they have rental agreement with other name ? Also can I set up restaurant at other place without their legal issues , since trade mark is still on my name? Note- Trade mark currently shows online as Objected , as there was a query few months back,but already submitted legal reply
Answers (3)

Answer #1
878 votes
Respected Sir, yes very well there is a clear cut case of infringement of your intellectual rights. There are certain things that you may do to bring back the things in your favour with few important things or points. So kindly request you to send me a copy of the documents that were made so I can give you better advice.
Thank you
Best Regards
Rohit Beaspal Advocate Bombay High Court
Answer #2
960 votes
The present status of the mark in question needs to be anaylysed. The business transfer agreement needs to be vetted, if it was executed. It would be prudent to comment on this after doing the same. In any case you would be able to resort to the common law remedy for passing off against the infringement. The same would have to be determined after detailed analysis of the matter.
Answer #3
855 votes
sir,

please protect your services in class 35 as well and immediately issue a legal notice to stop using the trademark or trade name "khao galli" of which you are the actual owner and proprietor under the provisions of the trademarks act, 1999.

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