Trade Mark

ANAND SUMAN (Querist) 26 July 2008 This query is : Resolved
Dear All,

For the purpose of Trade Mark infringement case, I would like to ask question on following facts:

A company of U.S. imports some goods from india and used to distribute in U.S. The Indian Exporter exports the goods to the said U.S. company infringing the trade mark of an indian company. Now the U.S. company applies for registration of the said goods as its trade mark in U.S. Will the U.S. company get the registration?

It is also important that the said Indian company has obtained Injunction order from High Court against the Indian Exporter.

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Guest (Expert) 28 July 2008
Is the Indian Company with the trademark having its registration only in India.

arunprakaash.m. (Expert) 28 July 2008
Under the obligations to WTO agreement each country give due respect to the signatory country. So your trademark pertaining to a particular product is protected worldwide. So you eilgible to file suit of infringement.

Aparajita Asthana Rao (Expert) 28 July 2008
As per your first query.....The U.S. Company does not have a legal right to obtain trademark registration in its own name for the goods, as it is only importing the goods which ought to be under the terms of a contract. The U.S. Company even by applying for the trademark, is prima facie liable for a trademark infringement.Furthermore the Indian Compan is in itself under infringement of trademark, and already suffering a decree against it, therefore, it ought to have stopped exporting the goods once the decree was passed against it.The U.S. Company is still out of the purview of trademark infringement. But if it applies for the trademark in its name, it is ought to be refused and is liable for legal action

Manish Singh (Expert) 04 August 2008
these things are regulated by and under the PCT(patent co-operation treaty).
if the said indian company has not applied for registeration under the pct for US region, then without making any delay fo for it. you will get the registartion otyherwise the said us comp will have the valid registration in US and you can not validly oppose it.

Hiralal Das (Expert) 06 April 2009
Thanks all of you the ld. members and the author.
I think your valuable opinions will assist everybody to solve their problem/matter in question properly.

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