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What should i do if i received a trademark infringement notice


22-Jul-2023 (In Trademark & Copyright Law)
Hello Sir, I am Ankit from Surat, Gujarat. I have been working under the firm name Muskan Synthetics since 2002 in Surat. Suddenly on 19/7/2016, I received a notice from a firm regarding Infringement of trademark, since that another firm is registered as Muskan Fashion. Sir, my firm and the another one are both involved in textiles but we the quality and fabrics in which we deal is different and in no manner we compete with each other. Sir, I have been given the time of 10 days within which i have to reply. I need your advice regarding what to do, and how to proceed further. Thank You
Answers (2)

Answer #1
669 votes
You need to tender your reply to the said notice stating as to how your trademark is not an infringement to theirs.
Further you need to take note of two major factors in your case -
1. Is your trademark registered with the trademark office of India? and
2. Who among you both is using this trademark from a longer period of time.
Answer #2
770 votes
You need to reply to the notice for which we need to know in detail as in how is your business different with the other company and who is the prior user. Also if there is any difference between both the marks.

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