How to get the stolen trademark back

977 votes

Hello,
For th query you posted, I would suggest the following:
For the matter of facts given by you, I would suggest that a complaint be filed before the registrar of trademarks as well a criminal compliant can be filed for the same reason befoe concerned adjudicating authority.

I hope this answers your query.

Best
M.Far is

Advocate Mohd Faris LawRato

850 votes

Please clarify if the other person has now applied or obtained registration of trademark in his name. If yes, you need to file opposition (for appplied) and rectification (for registered) mark. Further if you can show your prior usage, you can file a petition before IPAB.
It is highly suggested that you meet a lawyer with all documents to take action asap.
For any further details please feel free to contact me.

Advocate Atit Jain LawRato

683 votes

A lot of facts will be needed to give a concrete advice here. But, some of the things you can try are a follows
1. Consider applying for trademark registrations in your name in multiple classes claiming ownership in this trademark
2. In case your partner has also applied for trademark registration, oppose his registration
3. Consider sending him a legal notice cautioning him of legal action, both civil and criminal.
You could consider copying in the legal notice to all the distributors/licensees or potential clients of his to make sure even they dont indulge in contributory infringement.
4. As a last resort, consider filing a civil suit seeking an injunction (also called a stay) over his use of your Trademark.
5. If you think possible, you may enter a co-existence agreement with him where both of you can use the same Trademark in respect of different fields/goods if that can be easily delineated.

These are just some of the suggestions.

Of course any legal action starts with a good foundation and strong legal basis which is something i can only advise upon after looking at the complete set of facts.

LawRato LawRato

668 votes

You have options with you. By secretly stolen we feel you mean that the other person has applied for the same in Trade Marks Registry. In case it is pending mark, you can ask your advocate to keep a watch and oppose it. If it is registered you could file for cancellation of the same before Trade Marks Registry or Intellectual Property Appellate Board.

Your next option is to issue legal notice / cease and desist notice. In the said notice you could ask him to withdraw his trademark application. if he still does not comply then you will have to file a civil suit for injunction and damages.

Advocate Sheetal Vohra LawRato

639 votes

Check Trademark certificate .In case its in his name only then u got to meet us with the papers supporting your stolen theory and then only we can suggest the way forward.
Let me assure that if you have the valid grounds then it is possible.
regards

Advocate Rishi Kulshresth LawRato