Can A Company In China File Infringement Against Trademark In India?

A Trademark is registered in India. The same trademark is registered (international application) by another company in China before the date of registration in India. Can the Chinese company file a suit for passing off or Trademark infringement against the Indian Company?

Answer (1)

Team Legistify

  • Sector-1, Noida

The general rule is that a Trademark is valid only in the country it is registered and a person in another country may get the same trademark.

However, the exception to this rule are:

  1. The mark is a well-known mark, such as Puma, Lays, etc.
  2. The mark has international trademark registration.
  3. The company in China has a branch office in India and holds a trademark registration in India as well.

Answered on 20 Oct 2019


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