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Industry : Law
Functional Area : intellectual property portfolio management
Activity: Question posted: 04 25 2009 18:38:59 +0000, 1 answers, 182 views, last activity 07 06 2010 20:18:08 +0000
 
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A trademark is used for more than 50 yearsby 'Z' and one 'X'  from that proprietorship firm  starting his own business. Prior user had its TM registered but they did not renew it because of demise of proprietorship. "X" registers his TM after the expiry of the term for renewal of "Z" TM.  In such a case whether a suit for passing off is maintainable?

 
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Rating : +2 

Yes, the suit is maintanable, if you can show the prior use and that passing off you can successed in the suit



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by   Sachin Padmakar Patil, Advocate, Self  | 07 25 2009 08:46:28 +0000
 
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