Someone using our Shop’s name and misrepresenting to customers

[User_41b0c210]

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User_41b0c210
PARTICIPANT
February 3, 2025 at 8:55 am

My father runs a shop in our small town in Rajasthan by Name XYZ, selling clothes. We have been running this for 32 years now under the same name and have a good market position.

Recently, someone from another town has come to our town and started a shop with same name and selling clothes. This has become a problem because so many of our loyal customers have asked us about a second branch which makes us wonder how many of our other customers might have gone to them, thinking its us?

He has not registered with my town’s trade association, so we cant ask even the trade association to do anything.

We do not have a trademark as most shops in India do not use trademarks.

What do you think we should do? Serious help needed.

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[Salonipanther485]

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Salonipanther485
PARTICIPANT
February 3, 2025 at 9:01 am

It does not matter if currently you don’t have a trademark. You have been using your brand name for a while. You file a suit for injunction immediately and move for filing of trademark.

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[Superlakshay1059]

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Superlakshay1059
PARTICIPANT
February 3, 2025 at 9:02 am

NAL.

If it’s not trademarked, anyone has the right to reuse the name. It’s fraudulent but not illegal. Could be unintentional. You can follow other avenues like newspaper advertisements that you have only one shop, sign board to that effect, display “since year …”, the “original one”, etc. You can also try trade marking it but that will work if there is a similar name anywhere in India in clothes space.

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[Silentwolf2293]

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Silentwolf2293
PARTICIPANT
February 3, 2025 at 9:58 am

1. Put out board outside your shop and a daily visible poster inside your shop saying you do not have any branch. Permanent
2. Also look where this second shop is. Rent easily visible and suitable avert board in that location. Put advert of your shop with name address owner and star it’s only branch and no other branch exist. Keep this advert for atleast a month or two.

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[Saurabhwolf522]

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Saurabhwolf522
PARTICIPANT
February 3, 2025 at 10:06 am

This is good, and it is done in South India for Poojari Fish Land Hotel. He had copied complete original innovative designs like falls lamps and red color to the entire compound area in the name Poojari Fish place. Later, he gave AD in local newspaper and hoarding in sarcasm line “They can copy style but no one can replace our taste” . This made him lose and tarnish his image. Though he was good due to copying, people started to hate him.😁

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[Fiercehero3009]

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Fiercehero3009
PARTICIPANT
February 3, 2025 at 10:01 am

Lawyer.

File for the trademark. However, it seems that you have already earned a lot of business goodwill through your shop’s name & ppl recognize it. So you might qualify for well-known trademark. But this is general advice, you should seek proper advice from a lawyer specializing in IP laws.

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[Neelpanther332]

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Neelpanther332
PARTICIPANT
February 3, 2025 at 5:05 pm

Lawyer here who has worked in trademark matters in Jaipur.

1) unregistered trademark owners cannot file a suit for INFRINGEMENT even if anyone is using their logos/signs
2) they can file suit for PASSING OFF.
3) send them a legal notice
4) start process of registration of your trademark

Let me know if you require any assistance

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