Trademark Registration And Infringement
Summary
Panda Sdn Bhd can apply for a non-use cancellation of Dayamax Sdn Bhds trademark if it hasnt been used for 3 years. For Chandrans ALL-GARTER, Panda can file a lawsuit under Section 38 of the Trade Marks Act 1976 for trademark infringement, seeking an injunction and damages. Evidence of non-use and infringement is crucial. Consider consulting with a legal professional for detailed guidance and assistance with the application and lawsuit processes.Full Conversation
Yws
Sure, here are more details:
*. Non-Use Cancellation Application:
- You must prove that Dayamax Sdn Bhd has not used the trademark "ALLIGATOR" for travelling bags for at least 3 years.
- File this application with the Intellectual Property Corporation of Malaysia (MyIPO).
*. Trademark Infringement:
- For Chandran using "ALL-GARTER", file a lawsuit under Section * of the Trade Marks Act *.
- Seek an injunction to stop Chandran from using the mark and claim damages for infringement.
Would you like help with the application process or finding legal representation?
Yea
Great! Here are the steps you can take:
*. Non-Use Cancellation Application:
- Gather evidence that Dayamax Sdn Bhd hasn’t used the "ALLIGATOR" trademark for travelling bags in the last 3 years.
- File the application with MyIPO.
*. Trademark Infringement:
- File a lawsuit under Section * of the Trade Marks Act * against Chandran.
- Request an injunction and damages.
Would you need assistance in preparing the necessary documents or finding a lawyer?
Just help me answer this in legal terms
Legal Advice for Panda Sdn Bhd
*. Non-Use Cancellation Application:
- Evidence Collection: Gather evidence to demonstrate that Dayamax Sdn Bhd has not used the "ALLIGATOR" trademark for travelling bags for a continuous period of at least 3 years.
- Filing Application: Submit a non-use cancellation application to the Intellectual Property Corporation of Malaysia (MyIPO).
*. Trademark Infringement:
- For ALL-GARTER:
- Filing a Lawsuit: Initiate a lawsuit under Section * of the Trade Marks Act *.
- Seek Remedies: Request an injunction to prevent Chandran from using the "ALL-GARTER" mark and claim damages for trademark infringement.
Would you like assistance with the documentation or finding legal representation for these actions?
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