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Mobile Application Trademark Dispute Help
<p>I am owner of &quot;<strong>EXAMPLE</strong>&quot; word. This Trademark word is registered on November 2021. This trademark is registered in only India.</p>
<p>Now one Android app in Google Play Store is using this trademark word in their App's Logo, Title and description. I filed a complaint to Google team through legal firm. But Google rejected complaint by saying</p>
<blockquote>
<p>We have reviewed your submission, but are unable to determine the
merits of your claim. As a result, we are unable to suspend the app at
issue.</p>
</blockquote>
<p>My lawyer said Given app is live on play store since July 2020, and I registered trademark in 2021, so this app can use this trademark.</p>
<p>I don't know about this. Is it true that any app using my trademark name before I registered it can use it?</p>
<p>Is there anything I can do to remove that app from play store or make developer of that app to remove trademark word from their app?</p>
<p>This EXAMPLE word is not registered in any country, I am the first one who registered this keyword in India.</p>

<p>There are several limitations on trademark protection that the poster of this question seems to misunderstand.</p>
<p>First of all, trademark protection is national in scope. A trademark registered in India will, within the limits of Indian trademark law, give protection in India. But it will not give protestation in France, Germany, the UK, the US, or any other country.</p>
<p>Secondly, a trademark normally gives protection only against uses in the same category, or &quot;class&quot; of goods or services  for  which it has been registered. A trademark for a different type of product will have little or no effect. For example, suppose &quot;Monduvi&quot; is a trademark for a line of wines. That will not prevent someone using and registering it as a name for a type of automobile, or for a word processor.</p>
<p>If the class of use is the same, the owner of an India trademark on an app could perhaps sue the maker of a different app that uses the same or a similar name, and obtain a court order forcing the other maker to stop using or advertising that name <strong>in India</strong>.  But such a judgement would not have any force outside India.</p>
<p>In some countries a person who used a name before someone else protected that name as a trademark will retain some rights to it. That is true in the US. I am not sure about India.</p>
<p>I am also not sure to what extent the Google Play Store would be subject to the jurisdiction of India, nor how the store's policies will deal with the earlier registration issue in the absence of an Indian court order binding on it.</p>
<p>This is exactly the sort of case where a lawyer is very helpful, and should be listened to. If one does not truest a given lawyer's work, for some reason, one  can obtain a second onion.</p>
