Famous tm under different class
Guest
(Querist) 17 June 2013
This query is : Resolved
Suppose if I apply for TM registration of some famous mark say 'CNBC' but under different class 42 for rendering online services of different nature.
Though, ofcourse the company concerned will file objections to my applications, but practically what are the chances that my application will survive or I will be granted a Trade Mark ?
Anirudh
(Expert) 17 June 2013
Your application may not survive.
Guest
(Querist) 17 June 2013
May I have the reasoning from some experts... because I am talking about a different class under which registration would be applied ?
Guest
(Querist) 17 June 2013
It will be basically required to protect a Domain Name based upon registered trade mark, which will be used to render email services only.
Vidhi Joshi
(Expert) 17 June 2013
Your intention to grab goodwill of any renowned mark will in-toto disqualify you under section 9/11/12 and 18 of trademarks act, 1999, so despite of you using your mark for different service doesn't hold ground and you might even get for passing off and infringement.
Guest
(Querist) 17 June 2013
Great! Thanks for the exact reasoning... highly appreciated.
