Trade mark application status - objected plz help
vijay
(Querist) 20 June 2013
This query is : Resolved
we have applied for trade mark of our product logo with name.... but our application status is objected.... after the some time another person is used our company product name and our logo.... we have contact that person.. he is reply that i can use your company logo and name as per said my lawyer..you have no any right????/..you can not stop me?????
so plz kindly help to us...
how can we stop that person to use our logo and name in legal way...
and remedy to us for our application status is objected.....
plz urgent reply
EXAMINATION REPORT OF OUR TRADE MARK APPLICATION IS AS UNDER :::::::::::::---
The above mentioned application has been examined under the provisions of Trade Mark Act,1999 and Trade Mark Rules,2002 and the trade mark applied for is open to objection under the following sections :
1. The trade marks-which are devoid of any distinctive character, that is to say, not capable of distinguishing the goods or services of one person from those of another person;which consist exclusively of marks or indications which may serve in trade to designate the kind, quality, quantity, intended purpose, values, geographical origin or the time of production of the goods or rendering of the service or other characteristics of the goods or service
2. The Trade Mark application is open to objection on relative grounds of refusal under Section 11 of the Act because the same/similar trade mark(s) is/are already on record of the register for the same or similar goods/services.The detail of same/similar trade marks is enclosed herewith
Save as provided in Sec. 12, a trade mark shall not be registered if, because of-its identity with an earlier trade mark and similarity of goods or services covered by; the trade mark; orits similarity to an earlier trade mark and the identity or similarity of the goods or services covered by the trade mark,
Hence, the above application is liable to be refused. Accordingly, you are
requested to submit your response/submissions, if any, along-with supporting documents, with in One Month from the date of receipt of this Examination Report or you may apply for a hearing.
Please Note that if no reply is received or a request for a hearing is applied for within the above mentioned stipulated time ,the said application shall be treated to have been abandoned for lack of prosecution under Section 132 of the Trade Marks Act,1999 and there after the status of application in the computer database shall reflect the factual position
R.K Nanda
(Expert) 20 June 2013
consult ur co.legal adviser.
Raj Kumar Makkad
(Expert) 20 June 2013
You can file a civil suit for injunction against that party on the ground that your application is pending with the registry.
