16 February 2021
we r started new one abc India pharma pvt ltd company ( roc) in Delhi year 2020 .one other company in different state name is abc pharma(propritership) company and not a pvt ltd, but trademark is register in 2018 is the name of (abc ) in category 35 when they r applied tm not mention full name only use abc in category 35 and i m use completed name abc india pharma pvt ltd in the time of roc .in this case who r legaly right plz answer me urgently. pl z suggestion me next move
09 July 2024
In the situation described, the legal rights regarding the name "ABC" for pharmaceutical businesses would typically depend on several factors, including trademark registration and corporate name registration. Here are the key considerations:
1. **Trademark Registration**: - The company "ABC Pharma (Proprietorship)" has a registered trademark for "ABC" in category 35 (likely related to pharmaceuticals or related goods/services). - Trademark registration grants exclusive rights to use the mark within the specified category across India. Since "ABC" is registered in category 35, the proprietorship may have legal grounds to prevent others from using "ABC" in a similar context, especially within the pharmaceutical sector.
2. **Corporate Name Registration**: - Your company, "ABC India Pharma Pvt Ltd," is registered under the Companies Act, 2013, with the Registrar of Companies (ROC) in Delhi. This registration gives your company the legal right to operate under this corporate name in Delhi and throughout India, according to the ROC's records.
3. **Conflict Resolution**: - **Trademark vs. Corporate Name**: Trademarks and corporate names serve different purposes. Trademarks protect brands and their association with specific goods or services. Corporate names, on the other hand, identify legal entities registered under the Companies Act. - **Geographical Scope**: Trademarks are typically registered nationally, while company registrations are specific to the jurisdiction of incorporation (in your case, Delhi).
4. **Legal Recourse**: - If "ABC Pharma (Proprietorship)" believes your company's use of "ABC India Pharma Pvt Ltd" infringes on their trademark, they may initiate legal action such as sending a cease-and-desist letter, filing a trademark infringement lawsuit, or pursuing alternative dispute resolution mechanisms like mediation or arbitration. - Conversely, you may assert your rights under company law if you believe there is no infringement or if your use of the name does not conflict with their registered trademark.
5. **Next Steps**: - **Legal Advice**: It is crucial to seek legal advice from a qualified intellectual property lawyer who can assess the specifics of your case, review the trademark registration, and provide guidance on the best course of action. - **Negotiation**: Sometimes, disputes can be resolved amicably through negotiation or by agreeing to coexist in different geographical markets or by modifying the names to differentiate them further.
In summary, while your company is registered as "ABC India Pharma Pvt Ltd" with the ROC in Delhi, the existence of a prior registered trademark for "ABC" in category 35 by "ABC Pharma (Proprietorship)" complicates the matter. Resolving such disputes often requires legal expertise to navigate trademark and corporate law intricacies effectively.
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