Trademark
shyam
(Querist) 06 January 2014
This query is : Resolved
sir/Madam,
i have applied for label mark in trademark registration at Chennai, sir/Madam at present iam not using the label because after the label mark is registered only i want to use the label mark, but sir/Madam one person has send me a legal notice stating me to withdraw the mark he is thinking that the name is quite similar more over his word mark is registered, in notice he mentioned as infringement, what does it mean. but sir/Madam the name and the Logo is my own created word and design.
according to me my applied mark is different.
in the additional representation form i mentioned as proposed to be used
sir/Madam please suggest me
ajay sethi
(Expert) 06 January 2014
reply to legal notice . if name and mark is simliar it is better to with draw the application
Adv.Aiyer VLV
(Expert) 06 January 2014
Infringement is violation of hours right.
It's the word unique or generic. Generic words no one can claim as their own.
If notice issued for Mark Registered already, you can contest, if you succeed, you can use. Else you give up.
You reply notice and state you are not using the Mark till approval and hence no infringement. InBox me to get our chennai associate who specialise is tm patent, if you need guidance.
Devajyoti Barman
(Expert) 06 January 2014
If the applied mark is different then lodge your protest and apply for your own trademark.
If the person fails to prove his case, you will be supplied with trade mark.
However you should have mentioned in the application that you are using that mark for sometime.
Rajendra K Goyal
(Expert) 06 January 2014
Reply the notice and deny the claim. Let him prove his claim.
