Trademark advice needed – business name

[User_dfdbe2f8]

U

User_dfdbe2f8
PARTICIPANT
February 19, 2025 at 3:54 am

I started my business social media account in 2024. There is another company in country X that started a business social media account with the same name (different Instagram handle) in 2022. We are both selling the same product. I have over 10k followers on my Instagram whereas this Country X company has a lot lesser followers than mine. I solely sell through Instagram whereas this Country X business has a website & physical location in Country X.

This Country X business owns the trademark of the business name worldwide including India. Is there anything I can do to secure my Instagram page or business if any issue arise? I welcome any insights on what I can do to continue building and trading under this business name.

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[User_9e5e24f0]

U

User_9e5e24f0
PARTICIPANT
February 19, 2025 at 4:27 am

There ia a solution to this.

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[Indiangargi2466]

I

Indiangargi2466
PARTICIPANT
February 19, 2025 at 4:31 am

Not a lawyer.

From what i understand the only important thing is that whether both the conflicting companies are trying to work in the same market. So, them having a trademark in india is the only important thing.

Number of followers, market share, revenue those things don’t matter.

Since you both are competing on same products, you will need to switch to a different name.

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[Mightywolf347]

M

Mightywolf347
PARTICIPANT
February 19, 2025 at 4:39 am

1. Do a trademark search and see if they have registered. If not, register yourself first.

2. As you’re both selling the same thing, it will amount to infringement if you use their name & they are registered. If they’re unregistered, and they have a goodwill in the market, you can be liable for infringement.

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[User_dfdbe2f8]

U

User_dfdbe2f8
OP
February 19, 2025 at 5:23 am

I did the India trademark search. they have applied but not registered yet in India.

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[Mightywolf347]

M

Mightywolf347
PARTICIPANT
February 19, 2025 at 5:25 am

Try registering, but they will oppose it.

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[User_dfdbe2f8]

U

User_dfdbe2f8
OP
February 19, 2025 at 5:35 am

Will they be notified if I register? If they oppose it, that would mean I cannot register and I would potentially have issues in future if I continue to trade under the same name?

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[Mightywolf347]

M

Mightywolf347
PARTICIPANT
February 19, 2025 at 5:40 am

They won’t be notified but if they have a good lawyer, they’ll come to know. Even registrar may oppose it.

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[User_9e5e24f0]

U

User_9e5e24f0
PARTICIPANT
February 19, 2025 at 9:49 am

Hire a IPR lawyer instead of asking free advice over here.

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[User_dfdbe2f8]

U

User_dfdbe2f8
OP
February 19, 2025 at 11:33 am

Advice:
Definition: Advice is a suggestion or recommendation offered as guidance.
Focus: It’s about telling someone what to do or how to act.
Example: “You should study harder for the exam”.

Insight:
Definition: Insight is a sudden, deep understanding of a situation or problem.
Focus: It’s about understanding the underlying reasons or context behind something.
Example: “The reason you’re struggling with the exam is because you’re not using effective study techniques”.

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