how I can save my company's tarde mark & Trade name
D.Kumar
(Querist) 19 August 2009
This query is : Resolved
I have formed a ltd company Sonata battery Ltd in july 2007.and applied Trade mark SONATA GOLD for batteries under class 9.Titan Industry has appliede for Trade mark SONATA under class 9 for batteries in Fab.2009.
For two years I have done only promotion work. in april 2009 I have started bussiness of Button cell in the tarde mark of JEWEL. and write our company name on battery.
Now Titan Industry has filled acas ein High court . and court says that I have to give an undertaking that i will not use Trdae mark SONATA till further order. and I can use my company name. Now I would like to know whether I can use my tarde mark sonata gold or how I can countinue my bussiness.
Arul Kumar
(Expert) 20 August 2009
When the matter is subjudice, you cannot use the name which is subject matter of the case. You have to follow the Court's instruction till the further order.
Guest
(Expert) 20 August 2009
As per your querry (Ist para), it seems that your trademark is in application stage (since July 2007). Further, Titan has filed an application in Feb 2009, it is also seems that their application is also pending. In such cases, the PRIOR USER will get preference over the new applicant. But, as you have said that the High Court has given restricting order prohibiting you to use the trademark SONATA, it is most likely that TITAN Must have registered the trademark or proved to the satisfaction of the court its' usage and invention. If you can divulge more information on the querry, further opinions can be given by experts.
High Court's restriction as per your querry is only 'till further orders'. Hence, you can project your point of view by presenting the case details (by providing relevant information like prior usage/invention of the trademark/amount spent on popularising the trademark through advt., and also the application status with trademark registry) and get the orders stayed.
Trademark registration is not compulsory to carry-on a business.
