Can I use name already registered by someone for my company?

992 votes

You can use it after taking express permission or license from the trademark holder.If you use without the permission or license then it will be called infringement and you may be held liable under civil & criminal laws and or both.

Advocate Rishi Kulshresth LawRato

1000 votes

Since your query is related to Trademarks law, it shall be necessary that you share the complete particulars of the query including the actual names involved. Then only we shall be able to guide you properly. You may book an appointment for this purpose.

Advocate Avneesh Garg LawRato

933 votes

If a person has a registered trade mark in his name, you are not authorized to use that trade mark as the same amounts to Infringment & passing off the registered trade mark which is punishable under section 103/104 of the Trade Marks Act,1999 with imprisonment upto 3 years and fine upto Rs. 200000/-. Also the proprietor of the registered trade mark can file civil litigation agaisnt you for using/infringing the trade mark and also claim damages. So I sincerely advice you not to sue the registered trade mark as it may give you trouble later.

Advocate Yogesh Goel LawRato