Legal Question in Civil Rights Law in India

sir i clearly explained my problem for ur currect advice,i am a homeo doctor since 20 years,three years back i am working in positive homeopathy in ap,i suddenly joined there,but later days i left away,working period is one year,later i came back to my native place and see the patients in my house,at that littele problems for privousy of patients,and turn to my hospital last year october 22 started as a corporated homeo hospital named as star positivehomeopathy,and then this year january 28 i did applied for trade mark with logo,and febraury 17 applied for private limited and then name avialablity is at april,april month ending company incorporated star positive homeopathy private limited,since begening positive homeopathy people try to captured my clinic ,but i strictly protected,later days this year febraury 15 i get some legal notice from positivehomeopathy,my lawyer was replied same to that,and then march 20th i get some legal notice from his lawyer ,they filed suit against me and also take injunction order against my trade name,at that notice they mentioned next case date is march 24th,at that day sunday,.i wait for one month for court notice,but i didnot get any court notice for that,at that time i get name avaialablity for private limited,already i applied for pvt limited at feb 17th,so april 20th i paid for stamp duty for roa,and then my company is incorporated at april 26th,at the court positivehomeopathy clerical mistake they didnot filed any extenstion petition for injunction,that s why injunction petition is demolished,may 10th i get court notice for suit,may 20th my lawyer submitted the authorised of me,and then positive homeopathy people applied for our company incoroprated forms and fees bills and photoes to the court for reopening of case,they asked to teh court in the time of injunction april 20th they applied for company incorporated fees,but april 24th is final date for extention time for injunction,at that time we paid for stamp duty that si contempt of court,so canceleld my pvt limited and take action against me,but first payment date is feb 17,but that they supressed to filed the court,and filed the squash petition,i submit my all forms to my lawyer,they prepared answer very well,after seeing my lawyer answer they asked some time for orguement,in between they filed petion for injunction extention,actually sir positive homeopathy ia proprietership form established at 2005,later days two proprieters left awayfrom company,mainly name applied under that person,company incorporated under positive life sciences private limited at 2008,trade name used as proprietership name,this year march again he applied under private limited trade mark of positive homeopathy with logo,here i get good name and reputation,they objected positive is mine,nobody cant used that name,i am also invest money for adds and etc,here no branch of positive homeopathy,but their main aim is capture of my clinic,these all are facts sir,is there any chance for cancellation of our pvt ltd name or injunction of my name,sir without interuption my services is very importent to me,plz help me sir,plz guided me sir,they harassed me sir,they earn lakhs of rupees sir,i am new establisher of my clinic sir


Asked on 7/27/13, 11:45 pm

2 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Sir, you may want to pursue your remedies in the local civil courts. You are advised to engage a local counsel for proper help.

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Answered on 7/28/13, 3:52 am
Fca Prashant Chavan Expert Edge LLP

28.07.2013

Dear Sir / Madam,

If your Company Star Positive Homeopathy Pvt. Ltd. is registered with the Registrar of Companies and a Certificate of Incorporation is given to you, the opponents will never succeed with depriving you of the usage of the Company name and logo. You should file a petition for forgery and damage and harm to your reputation claiming compensation for violation on the opponents.

Regards,

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Answered on 7/28/13, 9:24 am


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