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Intellectual Property & Technology Transfer
Pages 6 (1506 words)
The case is about a problem created when a company applied for a Trade Mark. The brand was already being used by another company which was not only earning wholesome money from it but was also a reputed one. This launch was capable of causing loss to the already running brand…
This was in respect to 'chemical products for sanitary and medical use, medicines, pharmaceutical drugs and preparations' 'cosmetics perfumes, soaps and shampoos were applied in respect of Class 3. This application got on air in the Trade Marks Journal right next year that is January 2007.
The well reputed company that opposed the application was Lloyd's Preparations Ltd. ('Lloyd's). The point behind the opposition was that it already had a registered trade mark for 'ECZIDERM', registered in Class 5 and not only this but it was also registered for 'all use in the treatment of eczema pharmaceutical preparations and substances'. This registration had the number 1075423 and the filing date was12 June 1989 that is far older than the new application and they had made a name in the sales. In 2003 Lloyd's had also registered a corresponding trade mark in France for 'ECZIDERM'.
The first and most important point that arises is that a well reputed company which has been using a brand for years has the right to go against any other company who is trying to use their name. It was directly effecting the reputation of the brand and the company. Apart from law it is a thing of common sense that no company would ever at any cost bear the name of their company being used by others in any way.
The opposition was made on provision of the Trade Marks Act 1994. ...
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