Trademark infringement advice

[Brightaniket8511]

B

Brightaniket8511
PARTICIPANT
February 5, 2025 at 3:31 pm

I have a registered trademark for my brand name, someone has copied my name by adding “I” after my four letter brand name in the same class of business as mine. Does this fall under the category for trademark infringement? If yes, what actions can I take?

Share

[Neelpanther332]

N

Neelpanther332
PARTICIPANT
February 5, 2025 at 3:37 pm

Lawyer here from Jaipur who has previously worked on trademark cases.

Yes, it is infringement as their sign is deceptively similar to yours, and it will confuse the public.

Steps you should take:
1. Send them legal notice. Inform them that your is registered trademark in same class of business and that the they should take it down within 10 days.
2. If their reply is positive, settle the matter.
3. If their reply is not positive, you can file a suit in Commercial Court for 2 things- 1) Compensation (Damages) , 2) Permanent, Mandatory and Temporary Injunction to prevent them from using such signs/logos.

Let me know if you require any assistance with any step. Which city are you from !

Share

[Brightaniket8511]

B

Brightaniket8511
OP
February 5, 2025 at 3:50 pm

Thank you so much for your reply.
Should I also file a trademark application with the name that are using (which is copied from our registered name by adding “i” to it in the end) to make my case stronger? Or doing so won’t make any difference and I should proceed with legal notice?

Share

[Neelpanther332]

N

Neelpanther332
PARTICIPANT
February 5, 2025 at 3:52 pm

Are you asking for new trademark application for new registration?

Share

[Brightaniket8511]

B

Brightaniket8511
OP
February 5, 2025 at 3:54 pm

Yes, my trademark is already registered ®️ but asking should I file another application with the name that they are using to sue them in order to make my case stronger? Eg my registered name is ####, they are using ####i

Share

[Neelpanther332]

N

Neelpanther332
PARTICIPANT
February 5, 2025 at 3:57 pm

No no not required. It will make your case weak as they may say that you are unnecessarily acquiring marks which do not concern you. If you have a registered trademark your case is good anyway. Just send them legal notice for now. I can also help you with same.

Share

[Author]

Posts