How to sell a trademark?

If an online classifieds company ABC (example name) files a trademark application for the logo "Sell phone" and uses it in a slogan as "Ab phone ko banao Sellphone" for its mobile app promotion, then will it be a trademark violation if anyone else in India starts up in the mobile phones vertical onl

• Suppose that ABC does its business in India as ABC.in and "Sellphone" is just a word it uses in its mobile phone app promotion slogan - "Ab phone ko banao Sellphone", highlighting that users can now buy and sell via their mobile app. Our company will do business under a name like SellThisPhone.in or SellThePhone.in or something like that in the mobile phones vertical only. If we would have said that we want to use "SellThroughPhone.in" or "SellViaPhone.in", then obviously it would have meant the same as "Ab phone ko banao Sellphone", highlighting that users can now buy and sell via the mobile app. But, since we are using the brand name SellThisPhone.in or SellThePhone.in or something like that, which clearly indicates that we are using this brand name not as a slogan like ABC is doing, but it is actually an online marketplace for phones, tablets & accessories. Disclaimer : Please note that I have used example website, company & slogan names here. Any resemblance to an actual website, company or slogan is purely coincidental.

• Answer:

  Well first of all i get your question but as far as i know the "Phone ko Banao Sellphone " is a tagline for an ad campaign. It hasn't been registered as a trademark so there shouldnt any problem. Now coming back to the question, although it is not a direct trademark violation but nevertheless it can still be used as a evidence that your website is intended to damage the business by diluting its customer base. If you wish to know more technicalities  refer these http://www.indiankanoon.org/search/?formInput=trademark+infringement+cases  which were registered in India which will help you understand how you can wriggle ou of this situation. Better would be to consult a lawyer for an expert opinion!!