Trade mark

This query is : Resolved

REKHA (Querist)
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05 October 2015 hello everyone I have a query regarding trademark, my father running a garment shop since 2000 in the name of chunmun garments, and now I have received a noticd from "chunmun store" that we have using their trademark, they want that we have to change our shop name otherwise they will send legal notice, we dont want to change our shop name, our consultants said you have to fill a case against them, is there any remedy to sort out from such problem

RAMESH KUMAR VERMA

RAMESH KUMAR VERMA (Expert)
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06 October 2015 chunmun store is registered in Trade Mark with the controller general of patent desigen and Trademarks department.

Normally, you may not register a proper name neither yours, nor anyone else's, as a trademark. An exception may be made if you can demonstrate that the name has become identified in the minds of the public with your specific wares or services.

Offences and Penalties
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In case of a criminal action for infringement or passing off, the offence is punishable with imprisonment for a term which shall not be less than six months but which may extend to three years and fine which shall not be less than INR 50,000 but may extend to INR 200,000.