Trade mark act
Jolly James 9447287658
(Querist) 28 December 2011
This query is : Resolved
Dispute between two group about union name in estate. whether it will come under the provisions of trade mark act?
H.M.Patnaik
(Expert) 28 December 2011
Dear Mr. James,
Your query is not clear.Pl. tell us whether the name under dispute was ever registered under the Patent & Trade Marks Act, for giving a reasoned response to your query.
R.Ramachandran
(Expert) 29 December 2011
Dear Mr. Patnaik,
If one of the names had been registered under the Trade Marks Act, then the question it would not arise in the first place. Surely the person who is infringing the said mark will be taken to task.
Here, probably both the names have not been registered. I think the first union might have registered itself with the Registrar of Trade Unions. When the second party also approaches the Registrar of Trade Unions with the similar name, the Registrar will not register.
Section 7(2) of the Trade Unions Act, 1926 states: "If the name under which a Trade Union is proposed to be registered is identical with that by which any other existing Trade Union has been registered or, in the opinion of the Registrar, so nearly resembles such name as to be likely to deceive the public or the members of either Trade Unions, the Registrar shall require the persons applying fo registeration to alter the name of the Trade Union stated in the application and shall refuse to register the Union until such alteration has been made."
s.subramanian
(Expert) 29 December 2011
It will not come under the ambit of the Trade Marks Act. As is rightly pointed out above by Mr.Ramachandran, the Trade Unions Act itself provides an internal safe guard for resolving such disputes.
Jolly James 9447287658
(Querist) 29 December 2011
An estate labor union was registered in the year 1980 as per the trade union's Act. Now the union was separated by leading two leaders. Both are using same name ie, using leader's name in bracket( .....). One group approached a civil court( Munsiff's Court) with a suit against using the name. As per the provisions of Trade mark act suit is to be filed before the District Court. Whether I can contend the suit is not maintainable on the ground of lack of jurisdiction
prabhakar singh
(Expert) 29 December 2011
Yes! you can contest and when suit gets dismissed and refilled before District Judge you should contest that the matter is uncovered by the Trade Marks Act.
Devajyoti Barman
(Expert) 29 December 2011
Yes one can definitely apply for injunction under the Act but only if the trade name is registered under the P&T Act.
Deepak Nair
(Expert) 29 December 2011
Yes. Mr. Ramachandran has rightly adivised you.
M V Gupta
(Expert) 29 December 2011
The dispute is not governed by the Trade marks Act. The suit must be a suit for injunction. It is possible that the Plaintiff may amend the plaint to delete all references to the trade marks Act and proceed with the suit.
