A pvt Ltd.company say wxyz private limited has applied for trademarking the company name after the tradesearch has verified that this name is not trademarked. Later this co finds that another well established company in the same line of business say abc .ltd has a division called wxyz. . While the name abc ltd. is registered and quite wellknown, this division wxyz is not very well known and neither has it been trademarked but it came into operations before wxyz pvt ltd was formed.
Now can abc ltd take legal action against wxyz pvt. ltd. for using the name of a one of their divisions???