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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.
Section 29(4) may help even though the goods are different.
High complexity - significant legal consequences
- You will need evidence of your mark's reputation in India - sales, advertising, media, surveys.
- You must also show the use is without due cause and takes unfair advantage of, or harms, your mark.
- These cases are fact-heavy; take advice before sending any notice.
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.