The remedy in such scenario is to file a lawsuit for injunction against the individual who has infringed the trademark. Through an injunction order the civil court can restrain him from acting in a manner that would defeat the trademark rights of the holder. The case is to be filed in the court which has jurisdiction over the place where the deceptively similar trademark is being used.

1) trade mark CDE used by the defendant, is not deceptively similar in all respects to that of your trademark ABC

2) both the trade marks are entirely different and distinct and are not similar or identical and hence no injunction would be granted

3) in AIR 1988 DELHI 282 (P.M.Dissels Pvt. Ltd. Vs. Thukral Mechanical Works), in which, the Delhi High Court held as follows:

"Trade and Merchandise Marks Act (43 of 1958), Ss.28(3), 31(1)--Registered proprietors of identical trade marks in different goods--Infringement of, by one of them--Grant of interim injunction in favour of other--Application by him for deleting of name of one who infringed trade mark from register during pendency of suit for perpetual injunction--Proprietary rights of both of them were protected till their names were on register--No one is entitled to take action against another--No one can be restrained from using his trade mark--Interim injunction vacated."

1) "ABC"is registered on the condition that "Subject to Sale in State of Madhya Pradesh and Chattisgarh"

2) CDE is being sold in Rajasthan only

3) do you have any evidence of CDE being sold in Mp and chattisgarh?

4) the features in a trade mark are common to a trade, is a matter of evidence which can be gone into only at the trial of the suit

1) CDE has committed violations which are called as "Passing off" and "infringement"

There are two types of remedies are available to the owner of a trademark for unauthorized use of its imitation by a third party.

2) CRIMINAL REMEDY

In case of infringement / passing off trademark, a criminal complaint can also be filed. It may be noted that under the Provisions of the Trade Marks Act, 1999, the offences under the Act are Cognizable, meaning there by that police can register an FIR (First Information Report) and prosecute the offenders directly.

3) Civil remedies in Trademark:

# Injunction/ stay against the use of the trademark

# Damages can be claimed

# Accounts and handing over of profits

# Appointment of local commissioner by the court for custody/ sealing of infringing material / accounts

# Application under order 39 rule 1 & 2 of the CPC for grant of temporary / ad interim exparte

injunction

4) The Courts can grant injunction and direct the authorities to withhold the infringing material / its shipment or prevent its disposal in any other manner, to protect the interest of the owners of intellectual property rights.

5) The case should be filed against CDE in the DIstrict court in Rajasthan or at the place of registered office of ABC.

6) The courts shall grant stay against CDE, if we can give good grounds as evidence at the time of admission of our plaint.

file a injunction suit before the district for selling of CDE, if it is selling similar name of ABC. if name may cause deception in the general public so injunction shall be granted otherwise no need to file such suit because both have different name.