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Abha Jaiswal (Professional)     13 August 2009

Dispaly of name of Brand by retail sellers

There are some retailers in market who are dispalying our Company brand name on their signage. they are not our authorised dealers. What action to take against them to remove those signages installed by them outside their shops?

 

Plz advise.



Learning

 4 Replies

R.R. KRISHNAA (Legal Manager)     13 August 2009

If you have your brand name (trademark) registered then you can file a police complaint and seize the goods from the shops, provided goods sold are also marketed in your company name.

If they merely carryon the trade in your company name you can issue a legal notice to call upon to remove the name failing which you can take legal recourse by filing a suit for infringment of your rights.   (But for safety purposes you can also issue a public notice stating that your company name should not be used by others except your authorised dealers)

Please make your querry little eloborate and clear so that you will get the proper advice.

 

 

R.R. KRISHNAA (Legal Manager)     13 August 2009

The Trademark Act proposes both civil and criminal remedies:

Criminal Remedy:  Lodging a police complaint and raiding the premises of those retailers and seizing the goods.

Civil Remedy: Filing a suit for infringement of trademark 

The above two remedies (civil and criminal) applies only for registered trademark owners alone.

In case your company is not a registered trademark owner then you shall proceed only with filing of suit for passing off before the civil court as per the Trademark Act..

 

Abha Jaiswal (Professional)     14 August 2009

These selleres are not doing any tampering with our goods nor passing off , they are just selling it in retail market.  . I think anyone can your sell goods so far he is not passing off them made of some other manufacturere or tampering with quality of same.

Our logo is not regisetered in india. We are license users of our foreign parent co.

Can we still take any action

 

 


(Guest)

You can take action on such infringer even if you are not registered one. Goog part is you are licensee of Foreign company. You have to prove you brand is well know.

I would suggest go step by step to get best solution. I would suggest you to consult a lawyer practising in IP. If you need my reference I will surely provice.

My email id: mehtasamrat@rediffmail.com


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