In general all domain name application we do file in Class 42 (for service marks), if any objection not file by any party then the trademark usually registers within 2 years.
Yes ! we do file Indian trademark application through our in-house attorneys at USD 150 per application per class. In general all domain name application we do file in Class 42 (for service marks), if any objection not file by any party then the trademark usually registers within 2 years.
Mitsu - My Favorite .In Registrar, And Mitsu's Owner Sanjeev Goyal so friendly that even when I was not his client he helped me to clear some problem with .IN Registry.
Is there a difference in filing a Service Mark vs. Trademark? Which is easier to file and which is more authoritative in protecting a domain?
If someone was to do this for a name I own - would I be informed or would it just get taken away after 2 years because I did not know someone had filed it?
I completely agree. My experience with Mitsu was been great. Their customer service is the best. I've spoken to Sanjeev many times and he is always friendly, helpful, and very courteous. He is a real asset to the domain industry.
If anyone is looking for a registrar for their domains, I highly recommend Mitsu.
No ! When you file for trade mark as per rules you should first search the desired mark in desired class then only you should file but we generally files without searching ? why we do so ? there is some trick in that, After we file the application in TM registry within one or two months TM registry issues us notice that so and so mark you applied (Or similar mark) is already applied or register but we file our reply with our points to TM registry and in 99.99% cases our reply is accepted and they accept the mark for publication (i.e. called ABA - Advertise before Acceptance) once mark is published in TM Journal and if any objection not came with in 120 days from days publication of mark then same is get registered within two months and if some objection comes then we have to file reply and present our case during the hearing before the TM authorities and only after that case finalizes for registration.
By direct filing we save money on searches and when we file the TM application TM Registry checks and send us notice within 2-3 months so we come to know about the other application position but we always need the TM so we are pretty much sure that we will able to accepted so we do like this, for example we have domain mart.in and we filed TM in class 42 without search, The TM called MART.IN, in that case we are 100 % sure that in this world no other MART.IN so we assured that our application will be accepted if any objection comes then we can fight for acceptance.
Hope we are able to pass on the message properly to all of you.
Thanks for your answer so .. If you file against a name - you are told there is that name registered but the person whom owns it is not? Is that right? and unless I read about it in the TM Journal and object you will take it?
Or have I misread?
Thanks for your time
We failed to understand your query ?
Maybe I just didn't explain my questions
1. If you as a company file for a tm against a name that I own. Would I ever been informed of this or would the name just be taken from me after 2 years because I did not know someone had applied for a tm on that name?
I know you said it would be in the TM Journal but if I had never looked in this, how would I ever know?
I am just worried as I own a few .in's and if I dont know if anyone has taken a fancy to them, could they just be taken after the 2 years was up because I never knew?
1. No you will not be informed when we filed TM application, If we file TM application and somebody already have TM then TM Registry not informs the current TM holder or TM Applied clients. But You query is still not clear ? What do you mean by name you own ? are you talking about domain name or TM ? If you are talking about Domain name then you are confusing us with TM ? we are talking about TM....
If you donot see TM Journal then you will not know if somebody applied for name ?
I am talking about a domain name..
Example if I have registered pearls.in and the name did not have a trademark at the time I registered it but along comes a company or person that wants that name. Can they apply for a trademark and then in 2 years time insist that I hand them that name because they now hold a trademark for pearls.in
And if you are saying that if you already own the TM you will not be informed of another person applying for it and you will lose it to the other person anyways because if so this sucks big time
There seems to some confusion about trademarks and the impact it has on domain names.
-MM-, the point to remember is that if, at the time of domain registration, a third party has acquired either:
(1) registered trademark rights; or
(2) unregistered trademark rights
for that term, then it's possible that domain might be taken away from you.
With regard to unregistered trademark rights, an example is Sensex.in. BSE won the domain even though at the time of domain registration, it had no registered trademark in India for SENSEX. It won the domain because BSE's mark was already well-known in India since 1986 and it had acquired unregistered (common law) rights arising from actual use of a mark.
I hope the above helps.
Basic is ... I own a name that has no previous tm or usage issues .. Can someone come along file a tm on that name and I lose it because I dont know the file has been made so I have not objected to it...
No, you can't lose a domain name if, at the time of registration, there's no trademark and no common law usage for that term. The reason is that there can be no bad faith at the time of registration (bad faith is one of the elements needed in order to win an INDRP action).
Yes, someone can file a trademark for BLAHBLAH and you, as the domain owner of BLAHBLAH.in, will not be informed (regardless of whether or not you have an actual trademark for BLAHBLAH.in). As Mitsu already mentioned, there are services available to help people keep track potential trademark conflicts.