Trademark registration | LegaMart

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QuestionJan 10, 2022 - 13:45

Trademark registration

Can I use a brand name that exists in another country for my new company in my own country where it doesn't operate?


Jan 12, 2022 - 0:44

Potentially, Yes. As a general rule, trademarks are territorial, and right to a trademark is by virtue of registration and not use. Given this, if the mark is not registered (note: registered, and not used) in a certain jurisdiction, then one can potentially register the mark in that country. There are however exceptions to this rule, such as, for example, if the mark is considered a "well-known" mark, in which case, the Intellectual Property Registry will likely not approve your trademark application, because it is considered a well-known mark in your country. You mentioned that the company does not operate in your own country, but it does not mean that it has not registered that mark. As a first step, I would suggest you do a search in the Australia Trademark database to see whether or not the mark is registered. Wishing you luck in your new business.


Jan 12, 2022 - 13:20

Yes, unless the brand is so well known, like Coca-Cola that it doesn't need registration or use to automatically have rights in a foreign jurisdiction.


Jan 15, 2022 - 15:19

During the Registration of Trademark the jurisdictions are also registered.The Trademark Registration Authority will not permit those trademarks which are already registered.Without permission of any Registered Trademark by any business entity or an individual will be prosecuted to claim the Royalty for such use of Trademark or Brand name as and when the Trademark holder will acknowledge the unauthorized use of his Trademark by some unauthorized persons or business entity. Prosecution will be initiated against such infringement of a Trademark unauthorizedly on the grounds of business reputation and loss of Trademark or Brand name value in the international market


Jan 18, 2022 - 4:10

Using any Original Trademark for production of an Duplicate goods or commodities etc of the Original Trademark holding company in the place of the Origin Country or in any country will also be prosecuted. Reputed Trademarks Viz Ford, Mustang, Toyota,Honda, Suzuki, Coca-Cola, Nissan, Tesla,Apple, Microsoft,Bank of America,HDFC etc international companies Trademarks are utilizing in several countries for doing business with the Permission of those Companies.


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