IP Intelligence › Ask a Question › Trademark: someone is using my brand name or logo. What can
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Trademark: someone is using my brand name or logo. What can I do?
Your options depend mainly on whether your mark is registered, what goods they use it on, and who used the mark first.
Does your mark have a reputation in India?
Section 29(4) protects registered marks with a reputation in India against use on dissimilar goods where it takes unfair advantage of, or harms, the mark's distinctive character or reputation.
Not sure whether this applies to your invention?
The honest answer usually needs someone to look at your actual disclosure, your timeline and the prior art. That is a conversation, not an article.