We’re a small calibration company, Wavecal Technologies, based in Bangalore. We recently registered our trademark, following advice from a local contact. Six months ago, a woman approached us about supplying equipment so she could bring us business in Chennai. We agreed, but now, three months ago, she’s started her own company in Chennai called Wavecal Techno Services. She’s using our company name, Wavecal, to attract customers, which is misleading them. We tried to talk to her politely and ask her to change the name, but she refused. Since then, we registered the Wavecal trademark. Can you advise us on how to send her a notice to stop using our name and prevent further misuse?

Apni Law
Apni Law
Law Forum › Category: Consumer Court › We’re a small calibration company, Wavecal Technologies, based in Bangalore. We recently registered our trademark, following advice from a local contact. Six months ago, a woman approached us about supplying equipment so she could bring us business in Chennai. We agreed, but now, three months ago, she’s started her own company in Chennai called Wavecal Techno Services. She’s using our company name, Wavecal, to attract customers, which is misleading them. We tried to talk to her politely and ask her to change the name, but she refused. Since then, we registered the Wavecal trademark. Can you advise us on how to send her a notice to stop using our name and prevent further misuse?
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Apni Law Staff asked 2 years ago

We’re a small calibration company, Wavecal Technologies, based in Bangalore. We recently registered our trademark, following advice from a local contact. Six months ago, a woman approached us about supplying equipment so she could bring us business in Chennai. We agreed, but now, three months ago, she’s started her own company in Chennai called Wavecal Techno Services. She’s using our company name, Wavecal, to attract customers, which is misleading them. We tried to talk to her politely and ask her to change the name, but she refused. Since then, we registered the Wavecal trademark. Can you advise us on how to send her a notice to stop using our name and prevent further misuse?

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Best Answer

Apni Law Staff answered 2 years ago

Since you registered the “Wavecal” trademark before she started her company, you have grounds to send her a cease and desist notice demanding she stop using your trademark. The notice should clearly state your trademark rights, the infringement, and demand immediate cessation of use. Consider consulting a legal professional for guidance on drafting a proper notice and pursuing legal action if necessary.

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