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Author Topic: Question about using TM  (Read 1997 times)

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Offline sudhiros

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Question about using TM
« on: February 17, 2015, 10:16:38 AM »
Hello all

we have recently applied to register our brand, we are now allowed to use TM in our brand. our concern is that someone is trying to sell similar product, using our brand name and picture. since we only are allowed to us TM and hence not a "registered brand owner"

is it possible to take legal action or force the other person to stop using our brand or selling under pretext of our brand ?

any help in this regard is highly appreciated

Thank you!

Sudhir
Mehai Technology

Offline advRanjithRajagopal

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Re: Question about using TM
« Reply #1 on: February 27, 2015, 03:46:34 AM »
Yes you can take legal action on who ever is passing off your brand name, for that you do not need to have a registered trademark.

What is important is that you should be able to prove before the court that you are first and secondly your TM is not a dictionary word
adv.Ranjith Rajagopal

Offline Serproka

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Re: Question about using TM
« Reply #2 on: April 29, 2015, 10:28:22 PM »
I want to see more like this for a long time.

Offline Robinrusewell

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Re: Question about using TM
« Reply #3 on: July 04, 2015, 01:35:10 AM »
 Yes you can take legal action against it. As your brand name is not a word its a registered TM.

Offline advkartik

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Re: Question about using TM
« Reply #4 on: July 04, 2015, 05:14:57 AM »
Send legal notice immediately. Than file for ex parte ad interim injunction

Offline kphk

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Re: Question about using TM
« Reply #5 on: July 04, 2015, 07:03:19 AM »
Under section 28 or 29 of the Trade mark act you have the right against passing off. Such acts are called as passing off and you can legally prevent them from selling such goods that appear similar to your goods and also claim damages for the losses you have suffered. For filing suit for passing off you need not have a registered trade mark at all, you just need to prove that you have a good will in the market meaning you have been selling good since long and that they are popular in the market and you have a dedicated set of customers, which the other party is taking undue advantage of.

 

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