Cease and desist from a firm that started using trade name after us
02-May-2023 (In Trademark & Copyright Law)
Hi, We registered for a domain in March 2016 and launched an online retail business but didn't register for a Trademark. At that time our trade name was not Trademarked by others. A firm later that year in September started their new brand filed for the Trademark very identical to our trade name. We didn't know it then. But recently their lawyer has brought it to our notice the same by sending us Cease and desist. Their trademark application has objected status currently. What is the best course of action legally for us while knowing fully well that pot is calling the kettle black? They are also asking us to hand over the website, social media accounts, etc to their client and asking indemnity for the same.
As per latest amendments of Intellectual property rights 2005 lot of changes were made especially in the context of changing needs and area related to cyber space ,in this trade mark of domain name has emerged as New business development,and an essential part of one's business As per your version you started using the name before although it was not register ,in that conditions legally you had better chances to defend ,provide me details for further advice.
hello,
You can easily fight this case before the registrar by subsequently replying to the legal notice and also by filing an objection before the registrar trade mark by showing the date of first use.
Regards
You can easily fight this case before the registrar by subsequently replying to the legal notice and also by filing an objection before the registrar trade mark by showing the date of first use.
Regards
When their application is at objection stage, you should and file you objection and showcase the trademark belongs to you only, well known by general public and they are misconceiving the registration authority.
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