I want to check my entire domain portfolio to ensure no trade marks are registered , i want to understand from you is there any easy way we can check for trade marks in india.
Hi domainpundit, I'm not an expert in this area, but here are two things you can do:
(1) check if there's a registered trademark for the term in India; and
(2) check if there are common law rights attached to the term in India.
(1) Registered trademarks.
Okay, first problem! India's trademarks database is not easily or freely accessible (see
here). Although you can do an online search, you might need an Indian bank account – I'm not sure though. Alternatively, you can pay offline at one of the Trade Marks Offices in India. So if you're based outside of India, carrying out a trademark search is a bit challenging!
If you find out there's a registered trademark for the term, the next step is to determine what type of goods/services the term is being used with. For example, if the third party is using the term in association with computers, but you intend to use the term in association with clothing, then I think it's safe for you to use the domain. However, it's
very important to be aware that this principle does
not apply to well-known trademarks which enjoy special protection (for example, see
INDRP & well-known trademarks).
If you're going to pay big bucks for a domain, you might want to consider hiring a trademark lawyer to conduct a search for you to ensure you will not infringe anyone's rights.
(2) Common law rights.
Even if there's no registered trademark, a third party might have common law rights over a term/phrase. Therefore, check to see if the term is being used in India. You can check search engines, yellow pages, news sites etc. If the term is being used, apply the same considerations as mentioned under trademarks.
I hope I haven't confused you and sorry for the long post!
Please note I'm not a lawyer and these are just my observations. You should consult with a trademark lawyer for specific advice.