Question

In: Operations Management

You registered your logo under the Trade Marks Act in May 1998. You are still setting...

You registered your logo under the Trade Marks Act in May 1998. You are still setting up your business and have yet to use it. In January 2020,you discover that another company has started using the exact same trademark.Is there anything you cando about it?If so, what? If not, why not?

Solutions

Expert Solution

If another company uses the logo the same as that of ours, we shall approach the court for settling the matter, however, we should take the following matters into consideration.

1. Same industry or not

We should check whether the company using the same logo belongs to the same industry or not. The principal of trademark is that the customers should not get confused. In this case, if both the companies belong to the same industry there is a chance that the customer gets confused so the court takes that into consideration. If it belongs to an entirely different industry then our claim may not get much justification.

2.Geographical area

If both the companies are functioning in the same geographical area there is more chance for customer confusion, so that the court will interfere in it and If both the companies are functioning in different geographical areas then both of the companies have a right on the logo. However, if both companies belonging to two different geographical locations and are doing the same business online then only one company has the right over it, the court will decide on this.

3. Who used the logo first?

The next criterion is that who used the logo first. In this matter, we do not have a claim over the logo because the other company used it first and we are still in the setting up phase of business and yet to use the logo.

4. Who registered the logo first?

Even if our business registered first we will not get complete right over the logo because we also have to prove that the other business was not using the logo at the time when we registered our logo.

Conclusion

The conclusion is that we can not claim the right on the logo from a court of law as the other company used it first. Otherwise, we should prove that the other company was not using the logo at the time when we registered our logo. If we could not prove this it is better that we go for an out of court settlement.

keosha answered 2 months ago
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