Trademark protection in India

Discussion in 'Legal Issues and Dispute' started by Ceres, Mar 13, 2009.

  1. Ceres

    Ceres New Member

    Joined:
    Mar 27, 2008
    Messages:
    2,206
    Likes Received:
    11
    Trophy Points:
    0
    Location:
    Canada
    When registering domain names, we have to consider whether there are any trademark issues attached to the name. Therefore, it's important that we understand how trademarks work in India and the protection they are given.

    I came across some good information about the protection of trademarks in India under both statutory law and common law. It's worth reading if you want to understand more about trademarks.
     
  2. Gaurish

    Gaurish New Member

    Joined:
    Feb 27, 2009
    Messages:
    137
    Likes Received:
    0
    Trophy Points:
    0
    Home Page:
    Thanks for link, Bookmarked;)

    pretty useful information
    mainly it comes down to two main points

    * First Use - Who used the TM first
    * Good faith - It should not done inorder or deface a image of a existing trademark or should not have striking similarity with existing trademarks to a extent a common man gets confused.
     
  3. Ceres

    Ceres New Member

    Joined:
    Mar 27, 2008
    Messages:
    2,206
    Likes Received:
    11
    Trophy Points:
    0
    Location:
    Canada
    Yes, date of first use is very important when it comes to trademarks.

    Another important point for domainers to understand is that trademark owners can seek protection even if they haven't registered their mark at the trademarks office. If the owner is actively using the mark in commerce, they may be able to claim rights under common law. Date of first use would be very relevant in this situation.