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MMy friend recently started a clothing brand called Gulnaari on Instagram and has even purchased the domain name for it. However, she received a message from a brand named Gulnaar, claiming that we are infringing on their brand name and that they might take legal action if we don’t change the name.
They are saying the names are too similar and that it could lead to confusion among customers.
Can they actually take legal action and force us to change the name?
What are the rules around this in India?
If Gulnaar is trademarked, does that mean we can’t use anything similar?
Is there any way to defend our use of the name Gulnaari? -
NFirst, check if Gulnaar is a registered trademark on the IP India website:
https://ipindiaonline.gov.in/tmrpublicsearch/frmmain.aspx
If it’s not registered, your friend may have a stronger defense, though they could still face a “passing off” case if Gulnaar has built a reputation.
If it is registered and your friend just started, it’s often smarter to consider rebranding early rather than face a costly and stressful legal battle. -
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QHave they register the trademark of ‘Gulnaar’? If not, they can’t do anything. However, if have it registered, you can’t use it.. it’s too similar, overlapping pronunciation, historical usage along with field of operations matters too. If they both are in clothing field, you can’t use it.
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