Someone trade marked my company name to their product
06-Nov-2023 (In Trademark & Copyright Law)
Sone has recently applied trade mark with the name which i am using as private limited.
For Example
My company name is jiikl private limited some one else has did trade mark Neom jiikl
But I have nearly 19 trade marks in different classes under the name example jiikl
Some recently made under different class which I did not apply with my name neom jiikl
Tell what to do and the chances to get if I object them
1. under what class or classes has the trademark been applied?
2. is it phonetically and visually similar to yours?
3. from when they have being using the mark 'jiikl'? and when is your date of use?
4. has your mark been registered?
5. if not, what is the status of yours and his mark (right now)?
2. is it phonetically and visually similar to yours?
3. from when they have being using the mark 'jiikl'? and when is your date of use?
4. has your mark been registered?
5. if not, what is the status of yours and his mark (right now)?
You can send a notice for infringement of your Trademark or passing off, depending on the registration status. But you would stand a strong chance if you have been using your mark for a very long period of time. Secondly, you would have a stronger ground if the infringing mark is used over goods or services related to yours.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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