When Are Indian Domain Registrations At Risk?

Discussion in 'Legal Issues and Dispute' started by chaudi, Sep 6, 2009.

  1. RetiredMember

    RetiredMember India Guest

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    Yes! anybody can file any TM application, whether usage are there or not there, when someone apply for TM , Tm registry ask for date of first use of this particular term by the applicant, some people write wrong date/ some people write proper date, some people write "proposed to be used", so in short TM registry donot have any objection on that and they proceed to publish the mark and if somebody objects to it then they ask applicant to prove the things and if applicant proves the details whatever he wrote in TM application he/she get the mark. If he/she fails to prove then TM donot get registered.

    To conclude, one more thing even if somebody able to get TM registration certificate on false pretext/or misusing the TM given to him/her , there is law in every TM registry including in India that you can apply for deletion/rectification of Registered Trade Mark but this process takes almost six months time in India and requires a very strong case to prove falsification/misuse of trade mark.
     
    Last edited by a moderator: Sep 15, 2009
  2. -MM-

    -MM- Banned

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    Thank you for your reply so this is my conclusion please feel free to tell me different


    It does not matter if you have a tm against your name or not if someone else takes a fancy to your name and files a tm against it .. unless you are aware which is unlikely as you will not be informed, they will win...

    and

    anyone can file a tm against any .in you own and again, you will not be told and so will not object so will lose this name


    Sucks

    You can however pay lots of money for someone to check a name for you which really if you own the name, should be informed anyways..

    In conclusion .in rules suck big time

    and that is from someone whom loved .in ext

    on a different note why does the registery take money from lots of people from different countries for registration when infact it can be taken back so easily.. oh yea.. because the registry makes money
     
  3. mwzd

    mwzd New Member

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    True, but not as easy as that.

    Again true, but again not as easy as you make it sound.

    Oh yeah.

    Why should you be informed, does uspto contact you when you register a .com or even .us domain similar to a US tm?

    All tm laws are skewed in favour of the tm holder, why would anyone pay the tm authority otherwise?

    The key here is that INDRP doesn't differ too vastly from UDRP in terms of key rules. If you use common sense and don't register tm domains, every extension is a level playing field in that sense.

    Though not all tms are obvious, but if you're spending $5k on a domain, might make sense to spend $200 on checking to see if there are any tms and if there are, to use it in a "bonafide offering of goods or service" in a way that prevents them from contravening the tm holders rights.

    So its just as easy for someone to come after your .com as it for someone to come after your .in and the advantage you have is that it could take a long time for the company who wants the domain to actually get the domain if you decide to contest the INDRP decision via the court system.

    Was just reading earlier today that an Indian court ruled against IndiaProperty / com's filing to prevent IndiaProperties.com's use of their domain as a Property MLS since it is a generic term and no one can own a tm to that. Apple Computers owns the tm to apple for computers, ipods, iphones, etc, if you use apple.in to actually sell apples, its pretty tough for them to prove bad faith.

    Oh yeah. This is exactly what ICANN should address, registries are not going to want this changed... why should they be responsible for enforcing tms that might or might not exist?

    Mitsu's advice on the first page is spot on and will help you defend your domain against predators, irrespective of the extension.
     
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  4. -MM-

    -MM- Banned

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    Thank you.

    I am just worried that any name I hold even If I dont do anything intentionally in bad faith, can be taken because I am not aware a tm has been filed against a name I own
     
  5. Ceres

    Ceres New Member

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    No, in my opinion, these statements are incorrect. I'm unsure where the misunderstanding stems from... Just to be clear, you do realise that simply owning a domain name doesn't mean you own the trademark for that term?

    Yes, a trademark application will likely be granted unless you or someone else contests it. HOWEVER, and this is the point you're missing: it doesn't necessarily mean they'll get your domain!! If someone succeeds to register a trademark after you register your domain name, you won't lose the domain UNLESS at the time of domain registration, the third party had acquired rights (either registered or unregistered) for that term. In other words, if the third party only acquired rights after domain registration, they can't get your domain...

    Regarding your comment about not being informed about pending trademark applications. It's not the duty of the Indian Trademarks Registry to do this. As far as I'm aware, they also don't do this in any other country. Instead, the TM Registry regularly publishes a trademark journal which provides a list of trademarks that will proceed to registration unless someone files an opposition to it.

    -MM- If you prefer, you can send me a PM and I will happily answer any further questions.
     
    Last edited by a moderator: Sep 15, 2009
  6. -MM-

    -MM- Banned

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    Yes I am aware.. Thank you this was not my question


    This is my worry as I am not aware if anyone has already applied

    This is what I was looking for.. Thank you ;)

    I am aware of this but it is easier to look up in other countries.

    Do you have a link to this online or information where I can order this journal?

    Many thanks and thanks for your time in answering my questions.
     
  7. Ceres

    Ceres New Member

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    -MM-, I agree with you. I find it frustrating that it's not easy to search the Trademarks Registry in India. Also, according to one of Mitsu's posts above, it can get expensive to get searches done on your behalf.

    TMR India - Trademarks Journal

    I'm not sure if this is a full or partial list (eg: You may have to pay a subscription fee to access the full list). Does anyone know whether or not this is the full list?

    No problem. I'm happy we understood each other in the end. :p :)
     
    Last edited by a moderator: Sep 15, 2009
  8. Aarhint

    Aarhint New Member

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    @-MM-

    # If you have coined a domain name from two or more words, then it is necessary to check for trademark. For eg: flipkart is a coined word and a popular trademark.

    # If you have a generic domain name, but using the domain name in good faith I would recommend doing a trademark of that word with the extension .in

    # If you get into any indrp cases with a generic word, you can fight for it and take even indrp to the court if their aribitrators give an incorrect judgement because of a generic trademark case.

    All this depends on a case to case basis and I would suggest you use the name in good faith and not worry about any future legal cases.
     
  9. shwetarose

    shwetarose New Member

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    Dear All,

    Enlighten me for this issue. I love my domain.

    I have this domain bookmytrip dot co dot in since 2006. I am developing this domain slowly and with innovative ideas. Since year i am developing this website with certain travel project where travel agents would be connected. Right now also, visitors can find their nearest travel agent in India. I have been hiring engineers and they are working on the project since one year.

    Now one weird day, i am getting call from bookmytip dot com owner that to handle my domain name to him by giving me return few bucks! i told him no that i like my domain very much and i have spent on the project much. And for my project , this is the best suitable name. He told that bookmytrip is trademarked by him this july 2011 and i cannot technically or legally launch my portal!!!!!

    Now this is sooo heart taking !!!! Bookmytrip isnt brand yet. Makemytrip dot com is brand. And anyone can take my domain just because he trademarked!!! And i have been owner since 2006 and now someone is tellign me to get off the site just bcos of trademark??

    Please advice.
     
  10. Jeff
    • Staff / Moderator

    Jeff Canada Administrator Staff Member

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    It looks to me like your website was live before the current owner of the .com even bought the .com - is that corrrect?
     
  11. shwetarose

    shwetarose New Member

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    Yes Jeff..You are right.
     
  12. Jeff
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    Jeff Canada Administrator Staff Member

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    In that case, I don't think that the .com owners has a valid claim.
     
  13. freeads

    freeads India Member

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    Very funny :p indrp.in is also a parked domain.
     
  14. RetiredMember

    RetiredMember India Guest

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    Yes this is mistake happen few days back when we did the bulk processing of domains and in that same is also changed to parking ?

    Now rectified , Thanks for info.
     
  15. domainpundit

    domainpundit United Kingdom Active Member

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    its re-directing to registry site, but i am getting a message that page cant be displayed. Perhaps the link is broken
     
  16. Daver

    Daver Member

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    Same here...