Selling products using my Brand Name without any authorization
My Trademark application is filed only 2-3 days back and it is visible on trademark website. Can I claim its ownership and send legal notice to the person who is selling products using my brand name?
No, you cannot claim the ownership under trademark act for infringement of your right and tradmark till you get the registration number.
But you can sue and send a legal notice to other party for passing off on the basis of your popularity and the date of use of your trademark, that you are a prior user of said brand name and the said brand name is your synonym .
Since you trademark application has been filed only 2-3 days back that means that the application is pending before the Registrar of Trademark and your mark has not been registered. If a mark is not registered, then infringement cannot be claimed against another party but passing off can be claimed. So you can send a notice to the other party for passing off their goods as yours. However one of the precondition for passing off is that you should be a prior user then the party to whom you are sending the notice. Also goodwill and reputation of the mark is so importance in passing off.
Advocate Diva Arora MenonNizamuddin East, Delhi
No, you cannot claim the ownership under trademark act for infringement of your right and tradmark till you get the registration number. But you can sue and sent a legal notice to other party for passing off on the basis of your popularity and the date of use of your trademark. That you are a prior user of said brandname and the said brand name is you synonim.
Advocate Ankur AggarwalUday Park, Delhi
Yes. The notice will be for "passing-off" and not "infringement" since your application is still pending. What is critical is that you have been using the mark before the other party. Consult a lawyer asap.
Advocate Dhruv SuriBarakhamba Road, Delhi
- Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Startup Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
Get Started >>
- Wrong product sent and not accepting return. What to do?
- Papers of ancestral property with brother how can I claim share
- Compromise deed signed husband did not take me along after that
- What can i do if i have not been living with my wife for 1 year.
- Absent from military training without leave how can I rejoin