Hello,

Thats a huge question I must say, I will just answer it in a way that it will cover all your question.

You can not start a business with a name in which already there is a business, even if the said person has not operated the business since last many years.

The law is you can not use a name which is deceptively similar to other name. However if you start a business with the same name then you might face a suit to defend.

If a person has not registered the trade name as trade mark then same will be alloted to you if no objection is raised by them at the time of filing.

Logo with name is the best way to protect your mark, it is usually filed in jpeg format.

Trademark protects your brand in n number of ways, to give you a brief it is a way in which you protect your business so that no one else in future uses your brand identity.

Let me know if you have further query.

Regards

1.You can use the same same registered trademark.You will have to use your own which is not in use presently.

2. same as above

3.No

4.No

5.Registration of trade mark in logo is best option.

6.Yes he can and hence it is advisable to register your trademark.

7.It is the simplest way to link your trade name and good will and hence utmost care and precaution is to be taken to protect it.

1) you cannot choose trade name if some one has registered trade mark with same trade name and conducting similar business

2)you cannot choose trademark and start business if some one has regd trademark but still conducting similar business

3) you can choose trade name and carry on business if there is no registered trademark with same trade name

4)Registration of Trade Mark in logo style which includes both a graphical image and Alphabetical representation of your Trade name provides better protection

5) registration of trademark gives registered owner of the mark exclusive right to use the mark in relation to goods or services for which trademark has been granted

6) the regsitered owner of trademark can sue the person who use his mark for infringement of trademark

1. You cannot use a trademark already registered and in use by someone for your business.

2. Intellectual property Infringement is basically using someone else’s Intellectual property without the permission of the owner of those Intellectual Property holders who has the rights. Infringement is “a crime less serious than a felony”.

Intellectual property infringement could be anything’s that relates to the intellectual property it can be trademark infringement copyright infringement, patent infringement etc.

3. You cannot use a trade name which is already registered and in use by a third person, it will come under infringement.

4. Two different firms cannot use the same tradename causing confusion in the business

5. This question is to be decided by you because it is again your own decision and the availability of the suggested trade name and trademark.

6. The registered trademark will have a higher hand to force you to stop your business or sue you for using his registered trademark. The registration has a legal protection and rights to him.

7. You may go through the IP laws for understanding the situation properly.

The courts in India have power to grant reliefs in cases pertaining to violation and/or infringement of intellectual property rights. The judiciary not only does the adjudication of the intellectual property matters but it also interprets several IP statutes for better understanding.

The various IP laws in India mention about the provisions of civil and criminal remedies for IP rights enforcement. These civil and criminal remedies are distinct and independent.

There are many more such benefits if you register your trade name or trademark.