Acquire a trademark for which protection is granted


Hi, I have applied for a trademark for which a company has claimed protection so my application status is objected . They have claimed protection in class 9,35 & 42 and the protection is granted. Their core product offering is under class 9 they manufacture audio/video/camera related products. There is a specific wordmark for which they have claimed protection in class 42 and they have never used it. The question is that can i acquire that trademark by challenging their protection and non usage ? Thanks

Answers (3)


109 votes

no, u cannot challenge there non usage since they are registered but on account of your own usage and market value you can clear the objection raised on your trademark. for further query you can contact me on my number..


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171 votes

Yes, you can. There is a provision under trademark laws to challenge the registered trademark on the basis of non-use and seek a cancellation of such mark.

And, separately you will have to file a trademark application seeking registration of the trademark in your favour.

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338 votes

hello client.
if you are very sure about the trademark of objecting company working criteria as well.
as the nature and type of work they are doing or they are offering in there own felid .
so then it is a good idea to fight against the objection and for tht you need to file a case in high court fir this protection to get by passes and you got your applied trade mark.
for tht you need to be very sure.

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