Product are being sold under same trademark by foreign co. in India

614 votes

Yes, you can. You need to start by sending them a cease & desist notice and seek information on total sale and revenue. Typically they will refrain at that stage. If not, you need to pursue legal action in court. That said, ensure you have done your diligence to check whether their usage of the trademark predates yours and they have a legitimate claim to state that you, in fact, infringed their trademark.

Advocate Dhruv Suri LawRato

746 votes

A suit for permanent injunction can be filed at this stage which would restrain them to sell the products within the territory in which your Trade mark is registered. The suit can be filed in the High Court along with the damaged.

Advocate M Abhijnan LawRato

763 votes

It would be legal for you to continue selling your product in India unless the Japanese trademark is well-known in India and people looking at your product think its the Japanese company's product. On the other hand, you might be able to sue them if they have launched recently or are not well-known and people associate your product with your company or get confused seeing the Japanese company's product. I would have to study the history and the use of each trademark to give a detailed opinion. Hope this helps.

Advocate Anirban Sen LawRato