CS Smriti Sharma (ACS, B Samrish & Co.) (880 Points)
02 May 2012
· A company exist in the name of LEO Packers & Movers
LEO
· This name is duly registered & has trademark,etc.
· Another person opened a company LEO Professional Packers & Movers which has added a word "Professional" in between the name.
· Can first company threaten second company to sue the second company?
· Can first company compel second company to change the name?
Your expert comment on any violation by second company.
SANTOSH SHAH
(Company Secretary)
(754 Points)
Replied 02 May 2012
Dear Smriti,
We had a similar case of another company using our trademark. Following things can be done
Option 1
Send a polite letter both to the Company as well as the respective ROC directly, indicating the infringment of your TradeMark and to provide them reasonable time to reply to your letter
Option II
Trade Protection is available for 5 yrs from the date of Registration. If 5 yrs elapsed then you cannot take action against the company and option left is CIVIL Suit.
In case of objectives of both companies does not match then civil suit also will not stand,.
However in this case both companies objects are similar, so kindly check the registration of other company, whether elapsed 5 yrs or not. If not elapsed, you still have trade protection of your trademark.
Other member views solicited.
regards
Santosh Shah
CAclubindia
