86+ Lawyers are online 
Trademark infringement case in India for trademark registered abroad
15-Dec-2023 (In International Law Law)
We are a 100% subsidiary company located at Mumbai of an MNC headquartered at Australia. We are manufacturing and trading in India since four decades.We have an issue related to theft and usage of our brand name and trademark of our products. We have not registered our trademark in India but we pay royalty to our parent company for using them in India. Another company in India is attempting to use our products names and attempting to penetrate the market, even attempting to reach our customers. We are advised that we cannot stop them invoking Trademark Act since we have not registered this in India. We seek clarity on this.
Firstly, you should have declared to the Registrar of Trademarks in India about your products and have already registered in Australia AND getting them registered.
In my opinion, you can take cover under TRADE SECRETS and move the court against the company who are using your brand name. Since the royalty paid on trademarks reflects in your annual accounts, you can use this against them under IP.
In my opinion, you can take cover under TRADE SECRETS and move the court against the company who are using your brand name. Since the royalty paid on trademarks reflects in your annual accounts, you can use this against them under IP.
Helpful?
23+
23+
Adv. Dr. Gubbi S Subba Rao
Bangalore | 100+ Answers
Chat
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.
Connect with top International Law lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
