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mayavikerala (editor)     23 January 2013

Trade mark protection while giving exclusivity

Hi

 

In gulf countries , we need to give exclusive distribution rights to register a product especially for the pharma.and the  brand will be registered in the country by the exclusive distributor's name .

If any conflict arises between the two parties , who will be the trade mark owner in the country ? how can a company protect their trade mark in such situations.

 



Learning

 1 Replies

Nagaraja B S (Corporate Commercial & IP Lawyer)     24 January 2013

 

Hello,

The best way to look at your situation is on the below lines

1) Have you got trademark registered in India??

2) Do you plan to have a Indian subsidary company in UAE??


If yes for the first one, After the termination of the exclusive distribution agreement, you will definitely have the trademark right. We can file in the respective trademark office & get our right or may be transfer the right to your new distributor.


If yes to the second one, then you can have a subsidary company. This can definitely avoid the worse situation.

Feel free to contact me, if you need further details.

Regards,

Nagaraj

www.iplexglobal.in


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