• Trademark issue

Hi All,
We have a trademark for an item which we sell offline and online in india and outside india too. People from india are misusing our brand name without our permission in international market and we already have registered trademark in us, eu and india. 

Now our competitor who are mis using our brand name are indian based entity only. How can we target such people legally by sending them some notice or summon?

Pls advise!!
Asked 9 months ago in Intellectual Property from delhi, Delhi
Hi
If you know the names of competitors who are violating your trade mark, you need to do the following:

a) first purchase from a local dealer the product sold by the competitor. please ensure to take a bill with full name of product in the sales bill  with the product. 

b) Then you need to issue an "Infringement and passing off  notice" to both the local dealer and the competitor asking to desist forthwith using the impugned trademark, color scheme, label and carton.

You should give 30 days  time for both of them to respond to you . then irrespective of whatsoever said by them in their reply, you should file for a suit for permanent injunction restraining infringement of trademark,, copyrights, passing off, damages, rendition of accounts etc in the district court. 

Hope this helps. 
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
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Hi,
Yes you can issue them Legal Notice through your lawyer.
Rajni Sinha
Advocate, Mumbai
273 Answers
25 Consultations
4.8 on 5.0
Hi 
Have filed cases against Amazon.com and Amazon.In for facilitating sale of counterfeit products and also facilitating infringement of trademark, copyrights, passing off. Also have demanded Amazon to provide accounts of transactions made in their platform by the counterfeits. 
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0

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