TRADEMARK issues, please help -- I have a product that I sell internationally
This is a discussion on TRADEMARK issues, please help -- I have a product that I sell internationally within the Copyright, Trademark, Patent forum, part of the INTELLECTUAL PROPERTY & INTERNET LAW category; NEW YORK Hi I have a product that I sell internationally. At one stage I engaged in a partnership with ...
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Junior Member
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Join Date: Jul 2011
Posts: 4
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NEW YORK Hi I have a product that I sell internationally. At one stage I engaged in a partnership with another company to distribute my product in a particular country. Without my consent they trademarked the name in that country and we believe have been selling copies of my product in that country since they no longer order from us. They owe us a large sum of money and now claim to own the product because they registered the trademark. It is clearly documented that my company invented the product and the product with the name and our unique packaging were sold in many countries before it was sold or presented to the company in the country in question.
They registered the trademark using graphics supplied by us and led us to believe up until a certain point that they were our distributors purchasing from us and selling our product. Where do we stand on this? Basically the trademark name and look have been used by us for some time before we started with this company and we believe surely it has to be illegal for them to go register something that was supplied by us, being our name and graphics, when they were supposed to be simply representing our product for us and were entrusted to to do this. W believe they are copying and now want to sell our product without having to pay a royalty to us. Therefore they want to argue that they own the name and trademark so they cannot be legally prosecuted in a court of law. |
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#2 |
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Top Level Member
Join Date: Dec 2009
Posts: 12,604
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I wish to inform you that trademark is generally provided to the user of trademark in order to protect its business. In this regard you may object to trademark office that trademark granted by them belongs to you and that other party was only your distributor and in this view the trademark granted must be cancelled. As trademark has been obtained by fraud therefore it may be cancelled. Further you can claim loss of profits from other party because you have suffered because of acts of other party.
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