quesSelling 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?

  • ansNo, 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 .

  • ansSince 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 Menon

      Nizamuddin East, Delhi

  • ansNo, 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 Aggarwal

      Uday Park, Delhi

  • ansYes. 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 Suri

      Barakhamba 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.
Consult best Startup lawyers in India

Startup Lawyers

Advocate Diva Arora Menon

  Nizamuddin East
 Experience: 10 years


Advocate Sudershani Ray

  Kailash Hills
 Experience: 9 years


Advocate Vivek Nasa

  Gurgaon District Court
 Experience: 10 years


Advocate Dhruv Banerji

  Greater Kailash 1
 Experience: 3 years


View all >>

How it Works

Know how LawRato makes legal easier and effortless

Ask a Free Question

Post a question and get free advice from multiple lawyers

Talk to a Lawyer

Easily find and book private consults with top lawyers in India

Get Fee Estimate

Receive multiple quotations for your legal requirement instantly