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Legal service India => Trademark laws => Topic started by: galobal on January 27, 2016, 12:15:44 PM

Title: foreign trademark in india
Post by: galobal on January 27, 2016, 12:15:44 PM
I have a query. I shall appreciate if you can answer this.

There is a Japanese company selling products in India with a brand which is registered under my name in India. Products belong to same class which I own the Trademark in.

Is it legal if they keep on using the trademark without my permission r being an owner of trademark in India, I can sue them?
Title: Re: foreign trademark in india
Post by: advswagata on January 28, 2016, 01:31:11 AM
Send a legal notice.
Than file for ex parte ad interim injunction.

Its a fit cas for trademark infringement.
Title: Re: foreign trademark in india
Post by: rajgopal sripathi on March 21, 2016, 03:25:56 AM
Hi
yes. you are the registered trademark owner in india and you have the right to sue the japanese company for infringement and passing off in india.
Title: Re: foreign trademark in india
Post by: lexcare on April 21, 2016, 10:00:40 PM
Send a legal notice.Consult to lawyer.
Title: Re: foreign trademark in india
Post by: kalaskarkk on January 18, 2018, 04:09:40 AM
Dear Sir,

It consists of two parts, that either they must register in India or registered as International Trade Mark.

More information is as follows:

Requirements for Obtaining International Trademark Registration
There are three main requirements for obtaining an international trademark registration in India:

The applicant should be a national of India or domiciled in India or have real and effective business or commercial establishment in India.
The applicant must have a national (Indian) trademark application or registration of a trademark with the Indian Trade Marks Registry. This national trademark application/registration will be used as the basis of the international application. The international application will have the same trademark as mentioned in the national trademark application or registration; The list of goods and services mentioned in the international application should also be identical with the national mark.
The applicant in the international application must choose one or more other member countries of the Madrid Protocol, where the applicant wants to protect his trademark.

https://www.indiafilings.com/learn/international-trademark-registration/

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Title: Re: foreign trademark in india
Post by: Register Experts on February 01, 2018, 11:55:07 PM
Send a legal notice.
Than file for ex parte ad interim injunction.

Its a fit cas for trademark infringement.