Two different business models with the same name

918 votes

Sir

The question is not clear, as to what you is the exact situation.

However, I would try to optimistically answer your query as under : -

Any trademark registered in India is limited to protection within India only, and same way, Trademark registered in Australia has protection within territory of Australia Only. Trademark law does not have extra-territorial operations. So Australian Company cannot restrict India Company from using Trademark XYZ in India and visa versa.

However, if the Australia Company enters the Indian Market, with its brand name, and seeks to register its Trademark, then the question of conflict may arise, and in that even besides similarly of marks, there are several other aspects which will be judges by the Registrar or the Court to prevent the other from using the same mark. Those considerations would be : -

1) Who is the First user of the Trademark ? i.e. the Mark XYZ was started to be used first which Company. This is relation to the International Market.
2) Under what Class and under what specific products the respective trademark of the respective companies are registered.
3) Generic Name and well known popularity of the mark in relation to the international market.
4) Any specific significance attached to the mark

So, based on all the aforesaid aspect it can be advised whether the Australian Company can Claim for using such name.
If your mark is yet not registered, then i would advise you to forthwith get your Trademark Registered, so as to prevent any future conflicts or legalities. Once the mark is registered

Should you have any questions, then please feel free to contact.

Advocate Vivek Mapara LawRato

730 votes

First, get your trademark registered to be on safer side aas business models are immaterial in trademark cases. Its all about LOGO of your business and not name.
Second, As per TRIPS agreement, the Trademark must have been registered for international use to be applicable in member countries.
Now if one trademark is registered under Country Law and other is registered Internationally, no law says what to do. First registration MAY prevail.

LawRato LawRato