What is trademark Infringement

637 votes

Yes you can start your services with different name..no restrictions on that.. you didnt mention what type of services you want to provide.
For more details u can contacts us..
Thank you
Sachin mittal advocate

Advocate Sachin Mittal LawRato

679 votes

yes, you can start your work here with the same/similar trademaek subject to a particular jurisdiction, because if any similarity is found in trademark then objection will be raised and reply will be filed and one hearing before registrar of trademark will be conducted, do cunsult a lawyer and be prepard for the objetion because trademark is a 2 year long proces

Advocate Divesh Sharma LawRato

810 votes

yes,you can start the service in India with different name with added values that is already started by one of the foreign company except that foreign company not registered his trade mark in India or not having trans border reputation in India.
The principle of transborder reputation has been recognized and protected by Indian Courts. The Supreme Court in Ruston & Hornby Ltd. v. Zamindara Engineering Co. 1970 2 SCR 222, held that “there does not seem to be any requirement that the plaintiff must carry on business in India before bringing an action for passing off for he can prove that he has otherwise acquired reputation in the country."
The Supreme Court finally established the law related to the transborder reputation in the case of Milmet Oftho Industries & Ors. Vs. Allergen Inc. (2004) 12 SCC 624, by giving the view, "the mere fact that the respondents have not been using the mark in India would be irrelevant if they were first in the world market”

With the rapidly growing international trade, where physical frontiers are no more a restraint and the products are widely available in every country of the world, it is important to recognize the transborder reputation attached to the products of an international company.

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