infringement for unregistered trade mark
17-Feb-2023 (In Trademark & Copyright Law)
can anyone put infringement suit for the trademark which got expired before 5 years for example the trade mark of a company got expired in 2014 in India but in other countries they registered again after expiry but not in India. another company registered similar( not the same)tag line and symbol in 2016 due to which the first company got huge loss and in 2019 they filed a suite for infringement is it possible? PLEASE HELP.
1. Rectification to be filed to revive the expired trademark...time period is one year after the same has been abandoned for want of renewal fees. And then go for infringement. delay needs to be pardoned
2. Passing off action can be taken based on the reputation and Goodwill created by that mark.
3. Infringement is a r emedy for registered trademarks only.
4. Can go for infringement in countries wherever the trademark is alive
2. Passing off action can be taken based on the reputation and Goodwill created by that mark.
3. Infringement is a r emedy for registered trademarks only.
4. Can go for infringement in countries wherever the trademark is alive
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