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can name and logo be protected if not trademarked
23-May-2023 (In Trademark & Copyright Law)
We are running a company since 25 years and recently I saw another company with an almost same name and logo. We did not trademark our company name or brand logo. How can we stop the other company to misuse our name and logo?
You can file a suit for passing off (among other grounds) and ask for a permanent injunction (court order requiring the other side to stop what they are doing).
You can still build grounds to contest the case even if you do not have a trade mark as in cases of infringement of trademark, the user who can prove the older date of usage (by submitting supporting proofs like historic invoices, advertisements, etc.) can claim right to the name / logo.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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