Need Information About Trademark

950 votes

From your query it seems, you have done no wrong and are well within your rights to do so. You could either simply remove the post or find out from Flipkart about the Trade Mark details and also inform them about the bona fide use. Since you have a coupons website, I assume you will have a business association with Flipkart. It would be wise not to disrupt it and settle issue amicably. For detailed insight into law, the query is insufficient.

Advocate Rishi Raj Sharma LawRato

685 votes

Hi, although its hard to answer your question without seeing the text and format your are using, if flipkart is TM then you of course can't use it either its for commercial or non commercial purpose, if you using review about "big Billion Day" without using same color and text, font size etc you can use it, it's like i write "big billion day introduced by flipkart and .." so if you write in such text there is no TM infringement . For further details please get in touch with us , we can offer free legal advice after looking at what you are doing with "Big billion sale"

Advocate Nischal Arvind Singh LawRato

618 votes

There must have been some agreement between you and Flipkart and that is how you must have been posting coupons with respect to Flipkart products on your website. This agreement will have to be seen. It will have to be checked whether there were any exclusions mentioned in the Agreement regarding use of trademark or brandname etc.if any. I will be able to better advise you once I have read the Agreement/Understanding, it's scope etc. Otherwise, generally, in such agreements there are usually no such exclusions and this issue should not have arisen at all.
Regards

Advocate Daggar Malhotra LawRato

534 votes

Dear Sir,
Please note that the trademark law in India allows a third party to use another person's trademark only under the Nominative Fair Use doctrine.
For the use of a trademark to be considered as a "Nominative Fair Use" the following criteria must be met:

(i) the product or service in question must be one not readily identifiable without use of the trademark;

(ii) only so much of the mark or marks may be used as is reasonably necessary to identify the product or service; and

(iii) the user must do nothing that would, in conjunction with the mark, suggest sponsorship or endorsement by the trademark holder.

Whether the use by you on your website is Nominative Fair Use can be determined only after analysing the coupon and the manner in which the trademark has been used on your website. Therefore, we would recommend you to get in touch with an IP expert who may assist you with the same and advice accordingly.

Thanks & Regards
Ishani Chandra

Advocate Ishani Chandra LawRato

681 votes

Hi.

Section 30 of the Trademarks Act states that
(2) A registered trade mark is not infringed where--
(a) the use in relation to goods or services indicates the kind, quality, quantity, intended purpose, value, geographical origin, the time of production of goods or of rendering of services or other characteristics of goods or services.

Thus, if you write a review, which is does not take unfair advantage of or it detrimental to the distinctive character or repute of the trade mark, then it is not Trademark Infringement.

LawRato LawRato