• Trademark conflict

Dear Legal Experts,

My wife is a handicraft jewelry designer and recently she started selling her products online on a shopping portal. She has named her business after my daughter's name. Recently, an advocate from New Delhi has sent a notice saying my wife has violated a Trade Mark registered by his client. I checked  the registration document, the trade mark has a diamond and the name of the firm. However, we do not have any kind of trade mark, but only has a business name which carry one word from that registered trade mark. Now that legal notice asks for a compensation of about Rs.25 lakhs. As of now, my wife has not even done any business exceeding Rs.5000 in total.

The notice, does not carry any rubber stamp of the lawer/ lawfirm, but looks like printed on a normal word document and signed by the lawyer. 

Can some one help me in understanding the legalities of this notice. Validation of trade marks and business names, considering that we have not registered any brand name or trade mark. 

Thank you
Aditya
Asked 2 years ago in Business Law from Bangalore, Karnataka
If the trademark is registered and you are using trademark of similar name and nature , then you should immediately stop using this.
Repky to this notice stating absence of any intention to mislead the customers to buy your product on disguise of their trademark.

Since the nature of business is different, you need not pay any compensation but do refrain from using the said business name any longer.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
You have no exclusive right over the name of your daughter. Have you first invested this name?
The name was there and some other company was using the same as a brand name of their product much beofre you opened the online business.

So stop using the name and look for other name.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
1) you must  reply to the legal notice . 

2) in your reply you must mention that you had no intentions to violate the trade mark . that you had on receipt of said notice stopped using the said trade mark . 

3) deny your liability to  pay any compensation of rs 25 lakhs claimed . 

4) there are number of lawyer on this website from bangalore . contact  any of them and reply to the legal notice
Ajay Sethi
Advocate, Mumbai
23371 Answers
1224 Consultations
5.0 on 5.0
if Devajyoti is a registered  trademark then you cannot carry on business in name of D fashion jewellery
Ajay Sethi
Advocate, Mumbai
23371 Answers
1224 Consultations
5.0 on 5.0
thanks for your appreciation
Ajay Sethi
Advocate, Mumbai
23371 Answers
1224 Consultations
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1. If the said registered Trade Mark consists the said 'only one word' which you are using as your business name, then immediately refrain from doing so since tha said Trade Mark has already been registered by them,

2. Reply to the said legal notice never admitting and accepting what was alleged therein by informng that you have changed the name of your business to avoid any conflict of interest.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
Yes, better avoid using the word.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
welcome........
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
You are welcome.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
query is resolved
Ajay Sethi
Advocate, Mumbai
23371 Answers
1224 Consultations
5.0 on 5.0

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