Sunil Kumar Mohanty (CEO) 22 August 2013

Similar trademarks

Hi,

I am the director in a company abc system pvt ltd and have a trademark registered for abc system. I recently received a notice from a company saying they have a trademark on the name abc (without the word system).

Will this be an issue for me or can I challenge the person here.

p.s. please note abc is not the actual name

Thanks & Regards
Sunil

Reply Follow

4 Replies

Rajesh Hazra (Mediator and Legal Counsel ) 23 August 2013

You need to reply to the legal notice to avoid litigation.

Regards

Nagaraja B S (Corporate Commercial & IP Lawyer) 23 August 2013

Mr. Sunil,

This is a forum to ask general question. Nobody can give a exact answer until and unless they see the legal notice and your case.

You can reach me on nagaraja_bs@iplexglobal.in

Regards,

Nagaraj

www.iplexglobal.in

(Guest)

Mr.Nagaraja is right. We need to look into the details of your case, and whether at all the marks are similar/deceptively similar, user details, legal notice, infringement, if any, etc. You should engage an IP attorney. For further clarifications, you may reach vedaa.mirazkar@gmail.com.

Regards,

Vedaa

subramanian (consultant) 14 September 2013

As far as India the first user of a trademark has a better right to the trademark whether he has registerd it or not.Hence requst the party to send details of his registration along with details of the date of use of the trademrk by him.Depending on the date of use of the mark you can proceed further.

T.R.Subramanian