• Trademark under registration used by other party

We are a Trademark user since last 5years for perfumery and agarbatti . Applied 18monts back for registration in class 3 for perfumery and also for cosmetic , soaps,oils,lotion etc included in this class. Other party is a user of the same trademark since last one year in class 5 for medicine applied for trademark in class 5 . Same trade is applied by that party on class 3 for beauty soap on proposed to be used basis and started making and selling soaps.
What should be done by us to stop them what legal action should be taken.
Asked 7 years ago in Business Law

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3 Answers

You can file suit for passing off, as the applications for registration of trademarks is pending before the registry

In an action involving infringement or passing off, a court may grant relief of injunction and/or monetary compensation for damages for loss of business and/or confiscation/destruction of infringing labels and tags etc.

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

There are several ways to dispute use of your trademark by a third party. Depending on the factual situation, the Trademark Office may or may not be the proper forum. You should consider contacting an attorney, preferably one specializing in trademark law. he o she would advise you based on the registration of trade mark or pending consideration of the registration of TM

It will be difficult to predict how long it will take for an application to mature into a registration, because there are so many factors that can affect the process. Generally, an applicant will receive a filing receipt approximately 20 days after filing. You should receive a response from the Office within six to seven months from filing the application. However, the total time for an application to be processed may be anywhere from almost a 2 years to several years, depending on the basis for filing, and the legal issues which may arise in the examination of the application.

However, you may use the Indian registration symbol "®" only after the TRADEMARK REGISTRY has actually registered the trademark, and not while an application is pending

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

Can a Trademark used for one item in one class applicable for other items of that patticular class if mentioned those items in the Trademark application.

Before filing a trademark application, it is necessary to identify the classes in which you wish to seek protection for your trademark.

An application should be made in the relevant classes of current goods/services as well as in classes where there is intent to use. All goods and services are divided into 45 classes.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

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