Forum Replies Created
-
Posts
-
UIf I were you, I would not do it. The reason being such companies (big corporates)are usually are finicy when it comes to protect their popular marks, a lot of the times even when there is no cause they end up issuing legal notices or Opposition Notice (as the case may be) to assertain a better write over the IP.
So we can assume it is mostlikely not a matter of if but when.
If you wish to risk it you can, it will depend on
a) How good are their lawyers who protect Lenova’s IP with their due-diligence to find similar trade names and,B) if they decide to take action against you, which route they will choose and how well will they draft the notice.(what do you intend to sell/do on the site is also a big factor that can go against or for you).
“Not to be treated as legal advice/opinion”
UGo to ipindia site there under the main menue option go to trade mark–>related link–>trademark status.UTill which stage have the Opposition proceedings taken place ?, for ref this are the steps:1) Notice of Opposition(Filed by the Opponent/s)
2) Counter statement(Filed by the Applicant)
3) Rule 45(Filed by the Opponent/s)
4) Rule 46(Filed by the Applicant)
5) Rule 47(Filed by the Opponent/s)After which the matter is taken up for hearing/s.
This usually takes about 1.5 to 2yrs give or take.
If you are not sure about the current stage you are on, you can look it up online.
UHey, so ans in short is: you never know if there is going to be a single hearing or multiple hearings or even none for certain, especially on the basis of No. of cited marks.If you are able to convince the registrar just by the reply itself there will be no need for a hearing, if not a hearing will be scheduled.
If they need some further evidence or formalities to be done they can adjurn the hearing to a later date, in the unlikely circumstance where the registrar gets changed, you will have to go through the arguments from scratch hence the need of multiple hearing arise.
