Thread: Indian Company Sues Google re AdWords Program

We have check all trademark today (which was part of case) and find that they have all TM word together only and we have check their other details and found that TM registry has not given any exclusive right comments as these words they file as single word . So their uses are restricted to JOINT WORD ONLY and that is the distinctiveness of these trademark.

They have several other applications are pending and in some applications they file separate words, and even in one application we find that "BHARAT MATRIMONY.COM". See the space between Bharat and matrimony.com, we donot understand what purpose it will serve ? Link of this TM JOURNAL.(Right click to download and then see, it is a big document)

See one of the TM Journal which have their advertisement and search the same with word "Matrimony" you will find them and also try one more word for search i.e. "exclusive" and see the results you will see how exclusive use comments appear in TM Journal, same will give you understanding of the subject in detail.

Thanks Mitsu, the information is very helpful.

Originally Posted by Mitsu

They have several other applications are pending and in some applications they file separate words, and even in one application we find that "BHARAT MATRIMONY.COM". See the space between Bharat and matrimony.com, we donot understand what purpose it will serve

Yes exactly, what purpose will it serve? I think the above is a sneaky attempt by Consim to try and claim rights over the generic words "BHARAT MATRIMONY". I hope the Indian TM Registry does something about this.

As the injunction against Google is a temporary one, I assume there will be another hearing soon. It will be interesting to learn Google's response to this case....

In today's hearing of the case in high court, matter is kept for tomorrow so we will know the out come tomorrow only.

whatever Consim is doing is ethically wrong , even if they trademark the generic words (either separately or together ) it is practically wrong since these are used by a large majority of indians on a regular basis.
If they were just applying for trademark of the domain name along with the ext. ; that would be completely justified as it's a business.But TM'g just the plain terms either separate/together is not correct.
Speaking of this , i got GoaMatrimony in .com a couple of days back. Will just have to monitor this thread regularly

In court hearing finally the injection in VACATED by court and Google can run advertisement on TM keywords as it was running before, next hearing is kept on 4th Nov., 2009.

It seems it is a great news and another great news is that Google and other respondents are filling rectification of TM of Bharat Matrimony before TM registry and same will be biggest blow for Bharat Matrimony and will be a landmark judgment .

Added later :
Above news was given to us by one of the respondent in case but we got this link also which is still playing safe :
Link of news Article

Originally Posted by Mitsu

Google and other respondents are filling rectification of TM of Bharat Matrimony before TM registry and same will be biggest blow for Bharat Matrimony and will be a landmark judgment .

I am very happy to read that Google and others are challenging the trademarks. Consim/BharatMatrimony should not be allowed exclusive right to use generic terms.

IMHO, there are many other marks on the TM register that should be challenged or exclusive use disclaimers should be inserted (eg. some of Pantaloon's marks), but that's another can of worms to be opened...