Legal Question in Intellectual Property in India

Hello Sir,

I am Ankit from Surat, Gujarat. I have been working under the firm name Muskan Synthetics since 2002 in Surat. Suddenly on 19/7/2016, I received a notice from a firm regarding Infringement of trademark, since that another firm is registered as Muskan Fashion. Sir, my firm and the another one are both involved in textiles but we the quality and fabrics in which we deal is different and in no manner we compete with each other.

Sir, I have been given the time of 10 days within which i have to reply. I would need your advice regarding what to do, and how to proceed further. Waiting for your valuable comment on this problem.

Thanking You

Ankit Agarwal


Asked on 7/22/16, 1:54 am

2 Answers from Attorneys

1) Send reply ur points of contention rebutting their claim.

2) Consult a local experienced relevant law expert, an able Advocate

of repute with full facts.

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Answered on 7/22/16, 3:12 am
Vivek Mapara Vivek N. Mapara

Dear Mr. Ankit

I just checked the Trademark Registry. One Ms. ANUSHKA AHUJA has filed application in 2014 for registration of Trademark "Muskan Fashion" being Trademark Application No. 2701411. "Muskan Fashion" is not yet an Registered Trademark of its proprietor. It is under Objection. So based on an unregistered / objected trademark one cannot issue you the Trademark Infringement Notice.

One more important aspect, the Trademark that is proposed to be registered as a DEVISE Trademark and not a word trademark. So, the proprietor does not have any exclusive right to use the word "MUSKAN" or restrain any other person from using the wordmark "Musakan"..

Additionally the Trademark Examiner has specifically raised objection to the Trademark Application of "MUSKAN FASHION" that there are other registered owners of trademark with name "MUSKAN".

Under the circumstances, you have a very strong case here. I can help you file reply to the notice issued by "MUSKAN FASHION". I am a registered trademark attorney based in Ahmedabad. My Trademark Attorney Code is 6552.

Should you wish you can call me at 09426482371 tomorrow

Look forward to hear from you.

Best Regards

Vivek N Mapara

www.trademark.vnmlaws.com

www.vnmlaws.com

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Answered on 7/22/16, 11:01 am


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