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NLawyer 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 !
NLawyer 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 trademarkLet me know if you require any assistance
NFile a petition for protection before high court. I’m a lawyer, Let me know if you require assistance. Which city are you fromNI’m not sure what advice RBI has given you. Appeal is not maintainable before appellate authority only if order has been passed unnder section 14(a) to (c). Check your order dated 12.11.2024 for it. If any other section is quoted you can file an appeal. I think you have exhausted 70 days, you still have 5 days buffer period left.Anyway, if you still think it is not an appealable section, then you can still pursue a writ to high court. Which city are you from by the way?
NBanking ombudsman scheme gives you 45 days from order to file appeal before appellate authority. And 30 days more in case of exigencies. In my experience your second complaint may get dismissed due to them not entertaining new complaints on same grievances (to avoid multiplicity). You should definitely pursue appeal as a better remedy in my opinion.NLawyer here. If your complaint before banking ombudsman has been dismissed then file appeal before their appellate authority asap. It is important to complete the process provided in ombudsman scheme before approaching courts. If they also dismiss, you can file writ before high court.
Let me know if detailed assistance is required.
