Fox Mandal Managing Partner Som Mandal Challenges Action Of Trademark Registry Over Name Dispute
it is alleged that the trademark registry did not follow the procedure and transferred the ownership by fraudulent means to Debanjan Mandal and the two other partners, depriving the rights of the late Mr. Dinabandhu Mandal.
Som Mandal, Managing Partner of Fox Mandal has challenged the action of the Trademark registry that allowed the partners of Fox & Mandal, Mr. Debanjan Mandal, Mr. Arun Mandal, Mr. Ashok Dhar register the brand name “ Fox & Mandal” under their names while removing the name of Som Mandal’s late father, Mr. Dinabandhu Mandal without seeking permission from Mr. Som Mandal, who is his legal heir.
The Fox Mandal Vs Fox & Mandal Saga
Back in early 2002, Mr Som Mandal had designed and registered the “FoxMandal” name and “ FM” logo, and it was only in 2006 that the partners of Fox& Mandal, including his own father, had applied for the registration which was rejected by the Trademark Registry.
Soon after, Som Mandal submitted a No Objection Certificate to the registry specifying that Fox and Mandal only operated in and around the Kolkata area which led to the re-registration of Som Mandal's "Fox Mandal" in the form of an Associate Mark.
Later Fox & Mandal re-registered the name with a different font and added “ Solicitors and Advocates” to the name.
After the death of Som Mandal’s father, the Kolkata-based “Fox & Mandal” was operating without any changes in the Trademark Registry, but in April 2022, they applied for the Registration in the names of the three owners, dropping the name of Mr. Dinabandhu Mandal which was not permissible without taking the consent of Mr. Som Mandal, who is not only his legal heir but also the owner of the brand name “ FoxMandal” to which “Fox & Mandal” is associated.
What does the law say on objections to a trademark?
The Trademark Rules, 2017 stipulate that at least 30 days' notice must be given for any objections. It has been claimed that no such notice has been served to Som Mandal as required under law.
In the present case, it is alleged that the trademark registry did not follow the procedure and transferred the ownership by fraudulent means to Debanjan Mandal and the two other partners, depriving the rights of the late Mr. Dinabandhu Mandal.
Edited by Krishnendra Joshi
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