Trademark
Neeraj washwani
(Querist) 02 April 2016
This query is : Resolved
Sir my father is doing business from 2001 and last year I applied for trademark kanha and I got but now kaanha Bakers sagar send me leagal notice that he had registered his kaanha and I should change my kanha he had start his shop from 2008 and he registered kaanha now wht should I do and also defence in my trademark is kanha and his is kaanha wht should I do?
selva perumal
(Expert) 02 April 2016
Try to prove your case before the Trade Mark Registry by producing the documents to prove that you have been doing the business from 2001 onwards and prior user of "Kanha" the Respondent is a subsuquent user of "Kaanka". Engage a lawyer who is well versed in the trade mark cases, give a reply to their notice and expeditiously try to file a suit for "Passing off" against them.
Neeraj washwani
(Querist) 02 April 2016
Sir can you pls describe in hindi pls sir
Rajendra K Goyal
(Expert) 02 April 2016
Discuss with lawyer, prove you were using this brand previously and it differ from theirs.
Devajyoti Barman
(Expert) 02 April 2016
Date of registration of trademark is not essential , it is the duration of business.
So file a suit for injunction under Trademarks Act and seek it.
You will get the order as it appears you started business before your competitor.
Neeraj washwani
(Querist) 02 April 2016
May any one pls tell me which documents favour me saletax return income tax return food licence or any thing else
