Thread: When Are Indian Domain Registrations At Risk?

Originally Posted by msdomains

@peoplenetglobal,

You mentioned -

Can you please find out about such a service and update this thread? I am sure it will be very useful to all of us.

Shall definitely do the moment I find someone, msdomains.

@PeopleNet Global and msdomains,

I think Mitsu offers Indian trademark services. Perhaps check with them for more information...

Yes ! we do file Indian trademark application through our in-house attorneys at USD 150 per application per class. In general all domain name application we do file in Class 42 (for service marks), if any objection not file by any party then the trademark usually registers within 2 years.

Originally Posted by Mitsu

In general all domain name application we do file in Class 42 (for service marks), if any objection not file by any party then the trademark usually registers within 2 years.

Is there a difference in filing a Service Mark vs. Trademark? Which is easier to file and which is more authoritative in protecting a domain?

Originally Posted by Mitsu

Yes ! we do file Indian trademark application through our in-house attorneys at USD 150 per application per class. In general all domain name application we do file in Class 42 (for service marks), if any objection not file by any party then the trademark usually registers within 2 years.

If someone was to do this for a name I own - would I be informed or would it just get taken away after 2 years because I did not know someone had filed it?

Originally Posted by Indweb

Mitsu - My Favorite .In Registrar, And Mitsu's Owner Sanjeev Goyal so friendly that even when I was not his client he helped me to clear some problem with .IN Registry.

I completely agree. My experience with Mitsu was been great. Their customer service is the best. I've spoken to Sanjeev many times and he is always friendly, helpful, and very courteous. He is a real asset to the domain industry.

If anyone is looking for a registrar for their domains, I highly recommend Mitsu.

Originally Posted by Ace

Is there a difference in filing a Service Mark vs. Trademark? Which is easier to file and which is more authoritative in protecting a domain?

NO ! there is no difference between service mark and trade mark, actually almost all products are classified into two basic category i.e. Goods and Services , and every category have different classes like stationery products falls in class 16 and for service industries, portal, website etc. there is trade mark class 42 (which is basically allotted to service industries and any other items which didnot fall in any of other classes) that is called service mark. NO difference in trade mark or service mark , both are same. (and as per INDRP also no difference so rest assured)

For reference to all InForum user we are giving one link of classification of trademarks in detail which Indian trademark registry follow :

INTERNATIONAL CLASSIFICATION OF GOODS AND SERVICES under the Nice Agreement

As per international protocol Indian Trademark Registry follows the above classification. When you click on above link then on the left side of the page there is class No. mentioned just click on that and see the list.

Originally Posted by -MM-

If someone was to do this for a name I own - would I be informed or would it just get taken away after 2 years because I did not know someone had filed it?

No ! When you file for trade mark as per rules you should first search the desired mark in desired class then only you should file but we generally files without searching ? why we do so ? there is some trick in that, After we file the application in TM registry within one or two months TM registry issues us notice that so and so mark you applied (Or similar mark) is already applied or register but we file our reply with our points to TM registry and in 99.99% cases our reply is accepted and they accept the mark for publication (i.e. called ABA - Advertise before Acceptance) once mark is published in TM Journal and if any objection not came with in 120 days from days publication of mark then same is get registered within two months and if some objection comes then we have to file reply and present our case during the hearing before the TM authorities and only after that case finalizes for registration.

By direct filing we save money on searches and when we file the TM application TM Registry checks and send us notice within 2-3 months so we come to know about the other application position but we always need the TM so we are pretty much sure that we will able to accepted so we do like this, for example we have domain mart.in and we filed TM in class 42 without search, The TM called MART.IN, in that case we are 100 % sure that in this world no other MART.IN so we assured that our application will be accepted if any objection comes then we can fight for acceptance.

Hope we are able to pass on the message properly to all of you.

Originally Posted by trevor99

I completely agree. My experience with Mitsu was been great. Their customer service is the best. I've spoken to Sanjeev many times and he is always friendly, helpful, and very courteous. He is a real asset to the domain industry.

If anyone is looking for a registrar for their domains, I highly recommend Mitsu.

Thanks ! We are always here for customers.

Originally Posted by Mitsu

No ! When you file for trade mark as per rules you should first search the desired mark in desired class then only you should file but we generally files without searching ? why we do so ? there is some trick in that, After we file the application in TM registry within one or two months TM registry issues us notice that so and so mark you applied (Or similar mark) is already applied or register but we file our reply with our points to TM registry and in 99.99% cases our reply is accepted and they accept the mark for publication (i.e. called ABA - Advertise before Acceptance) once mark is published in TM Journal and if any objection not came with in 120 days from days publication of mark then same is get registered within two months and if some objection comes then we have to file reply and present our case during the hearing before the TM authorities and only after that case finalizes for registration.

By direct filing we save money on searches and when we file the TM application TM Registry checks and send us notice within 2-3 months so we come to know about the other application position but we always need the TM so we are pretty much sure that we will able to accepted so we do like this, for example we have domain mart.in and we filed TM in class 42 without search, The TM called MART.IN, in that case we are 100 % sure that in this world no other MART.IN so we assured that our application will be accepted if any objection comes then we can fight for acceptance.

Hope we are able to pass on the message properly to all of you.

Thanks for your answer so .. If you file against a name - you are told there is that name registered but the person whom owns it is not? Is that right? and unless I read about it in the TM Journal and object you will take it?

Or have I misread?

Thanks for your time

Originally Posted by -MM-

Thanks for your answer so .. If you file against a name - you are told there is that name registered but the person whom owns it is not? Is that right? and unless I read about it in the TM Journal and object you will take it?

Or have I misread?

Thanks for your time

We failed to understand your query ?