Legal Question in Business Law in India

18.11.2015

Dear Sir / Madam,

You can challenge the other Company's trademark rights in the Court.

Regards,

Dear Sir

Under the Trademark Law, the fundamental principal is, "WHO HAS USED THE TRADEMARK FIRST", AND NOT "WHO HAS REGISTERED THE TRADEMARK FIRST".

So, if you are the user of your mark, FIRST in point of time, and before you have it registered, another user got such mark registered, then you have claims : -

1) You can still get your Trademark Registered, irrespective of other registered mark, on the ground of PRIOR USER, u/s 34 of the Trademark Act.

2) You can file proceedings before the Registrar for Cancellation of the Trademark of another owner u/s 50 of the Trademark Act.

These are the Two Remedies available to you, in the event, you are the prior user of the Mark.

However, if you are not the prior user of the mark, and cannot establish that your use of mark was prior in point of time then the other registered mark, then except under specific and subjective circumstances, you have no other option but to quit using mark.

The aforesaid advise is completely hypothetical, based on facts disclosed by you, and they same shall not be construed as official legal advise or attorney client relationship.

Should you have any questions in this regards, or need any precise official guidance to deal with the issue, then please do not hesitate to contact me.

Regards

Vivek N Mapara

www.vnmlaws.com