Company name violation

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