Trademark protection in India

IT.com

Ceres

New Member
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.
 
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.
 
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.
 

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