Restaurants with same names should I change mine

784 votes

Sir

As i understand the use of the word "Lakeview Restaurant" is associated with the name of the place where your Restaurant is located i.e. Lakeview Point.

In this event, if you adopt the name "Lakeview Restaurant" which reflects the place of business, then under such circumstances, even a Registered Owner of the mark, cannot refrain you from using the name "Lakeview"

Section 35 of the Trademark Act, saves the vested right of a person to bonafidely use the name , address associated with his business. Reproducing Section 35 for your information as under : -

35. Saving for use of name, address or description of goods or services. - Nothing in this Act shall entitle the proprietor or a registered user of a registered trade mark to interfere with any bona fide use by a person of his own name or that of his place of business, or of the name, or of the name of the place of business, of any of his predecessors in business, or the use by any person of any bona fide description of the character or quality of his goods or services.

So, if your adoption of the mark "Lakeview Restaurant" falls within the parameters of Section 35, then you do not need to change the name. However, if it does not, then merely use of the word "THE" would make no difference, and it still will attract a case of infringement.

Under the trademark law, the significant feature of the mark has to be taken into consideration, in addition to taking the mark as a whole, to judge the distinctiveness and deceptive similarity between two marks. Mere use of conjunction or adding common annotations would not make a mark distinctive or save the mark from Trademark Infringement

Since you have been served with the Notice of infringement, it is advisable that you aptly reply to the said infringement notice. Otherwise, the claim of the other side would go unrefuted. Also, I would advise you to go for registration of your trademark, if it is distinctive.

I extensively practice trademark laws. Should you require any assistance, then please feel to contact me. I am a registered Trademark Attorney with Indian Trademark Office - Trademark Attorney Code : 6552

Best Regards

Vivek N Mapara
Attorney At Law

Advocate Vivek Mapara LawRato

862 votes

You have the typical problem which many people have since many people nowadays register their Trademarks.

1) Adding 'The' will not save you from legal actions taken by Surat Lakeview.
2) You should ask Surat Lakeview for copy of Their Trademark Registration Certificate.
3) '™' is just an expression to tell people that they are using this name as trademark. Registered Trademarks have a symbol of ®.
4) Instead of adding 'The', add some other name in whole name.
E.g.- Lakeview - Restaurant & Cafe, Eatery, Food Cafe etc...

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