Apni Law Staff asked 5 months ago
I opened a fast food joint in Thane called “Khao Galli” and registered the name under class 43. After two years, I decided to sell the business. Since the location was rented, I found a buyer and introduced them to the landlord. They signed a new lease agreement, and I cancelled mine. However, the new owner is still using my “Khao Galli” name even though they’re operating under a different name on the lease. We had agreed on a business transfer agreement, but it’s not finalized, and now they’re trying to renegotiate the price, which feels unfair. What are my options? Can I take action since the trademark is still registered in my name, even though they have a lease agreement with a different name? Also, can I open a similar restaurant elsewhere without any legal issues, considering the trademark remains registered under my name? The trademark currently shows “Objected” online, due to a recent query, but I’ve already submitted a legal response.
Best Answer
Apni Law Staff answered 5 months ago
You have a strong legal position as the trademark “Khao Galli” is registered in your name. You can issue a cease and desist notice to the new owner to stop using your trademark. You can also open a similar restaurant elsewhere, as the trademark registration gives you exclusive rights to use it, even if the business is not operational at the current location.
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