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Legal service India => Trademark laws => Topic started by: rishabharora on November 07, 2014, 12:29:37 PM

Title: similar product with similarity in name is allowed or not
Post by: rishabharora on November 07, 2014, 12:29:37 PM
a product with registered name e.g.  PROTECT
can a similar product with name e.g. PRETECT
                                                         aPROTECT
                                                          PROTECTs
be introduced?
or if introduced wt r the consequenses after the launch?
Title: Re: similar product with similarity in name is allowed or not
Post by: advJitu on November 07, 2014, 06:24:53 PM
is the name Trademarked and copyrighted, both of them?
Title: Re: similar product with similarity in name is allowed or not
Post by: rishabharora on November 07, 2014, 07:44:41 PM
trademarked
Title: Re: similar product with similarity in name is allowed or not
Post by: advswagata on November 07, 2014, 08:45:56 PM
Both of them in question is trademarked that file in trademark appellate body with your contention.

if you remain aggreived still  than file in high court
Title: Re: similar product with similarity in name is allowed or not
Post by: advuma on November 07, 2014, 08:47:38 PM
Are u both dealing in same class of goods
Title: Re: similar product with similarity in name is allowed or not
Post by: Robinrusewell on July 10, 2015, 05:07:44 AM
As it is true that you cannot take same name for the two company and then you cannot register it. So you have to take different name for different products.
Title: Re: similar product with similarity in name is allowed or not
Post by: kphk on July 10, 2015, 05:32:29 AM
@rishabharora - there is one exception given under Section.12 of the Trade marks act, 1999. See if your trade mark can be brought under that exception. If the infringement is proved then you will incur criminal consequences also. So play it safe.