infringement or not

Querist : Anonymous (Querist) 11 July 2011 This query is : Resolved
Well it is a case of an institution which has been running with the same name for the last 50 years but no trademark registered under their name, further a person started an institution with same name n similar mark, both of them have numerous franchises all over India, my question is:

1. whether the institution started later on by a person not with a motive of cheating but supplementing the earlier situation will have any rights as both of them dont have trademarks registered still?

2. in case the first institution gains a trademark, what will be the rights of the new franchise?

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R.Ramachandran (Expert) 11 July 2011
First you have to make the following points clear:

(1) Whether you are the person who is running the institution for last 50 years; or the new person who has started the institution?

(2) If you are a new person, then when did you start the institution?

(3) If you are the person for 50 year institution, then did you object to the use of the name by the new person? If not why not?

prabhakar singh (Expert) 12 July 2011
Expert R.Ramachandran seems justified,in probing more facts for proper answer.

Out of Court (Expert) 12 July 2011
refer to section 27 TM act 1999...there can be no case made of infringment fr unregisterd trade marks...bt u shal show urgency to place aplication fr Tm registration in the patent ofice of appropriate jurisdiction 8756272683

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