Trademark rights

Sahil Sood (Querist) 31 December 2016 This query is : Resolved
Dear Sir/Mam,
I have applied for Trademark registration from last 3 years and it's in process. I have been using my brand name from 1981 and I do have proofs of using this brand name from 1981. Now some of my competitors are using my brand name.

So as an applicant do I have rights to stop my competitors from using my brand name or what can be the legal steps to stop them?
Regards,
Sahil Sood

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adv.bharat @ PUNE (Expert) 31 December 2016
You can give them legal notice for not using the same TM which you were using since past 36 years.

adv.bharat @ PUNE (Expert) 31 December 2016
For what purpose your TM is not approved please get information from the registrar or TM.

adv.bharat @ PUNE (Expert) 31 December 2016
Since only 15 day is mandatory period with which registrar need to give you written consent for it.

adv.bharat @ PUNE (Expert) 31 December 2016
If your TM is registrar then only you can sue other for infringement of your right to use it other wise no remedy available to you.

Rajendra K Goyal (Expert) 31 December 2016
Why the registration is pending for last 3 years?

Have you followed up properly?

The trademark is not registered in your name , it would be better it is registered in your name and afterwards send notice to competitors.

J K Agrawal (Expert) 31 December 2016
Application by you is sufficient proof with you to get success.
Even without registration of Trademark, you can sue and stop your competitors to use your mark.
Registration of trademark is optional only.