Trademarks and domain name
adityakhooteta
(Querist) 06 May 2015
This query is : Resolved
i have a query related with trade mark and domain name .
If a person invented a word e.g. "glatajo" also registered for domain name glatajo.com also registered this totally invented word in class 35 of trademark related laws for running a ecommerce website (like flipkart.com who sources product or xiaomi.com who not only manufacture product but also sale on xiaomi.com its earphone and phone cases)
So here is the question what is protection for the word "glatajo" and "glatajo.com" in ipr(intellectul property rights) laws so that no body can use this word in any class of T.M. Laws or in each and everything in this world. Because it is totally invented so there should be protection to the inventor of this word in each and Every class of T.M. laws so nobody can use it in other class. One more thing that domain name registration date is in itself proof of the invention date of the word " glatajo".
I'll be grateful to u if u could solve this out and give your valuable suggestions as our group of friends going to launch a ecom website for khadi products (soaps, cotten clothes, herbs etc. and much more) and we don't want somebody sale a car or mobile in the name of our invented word.
glatajo is merely an example word to maintain secrecy of our project. we want to source khadi porduct and sale it in our branding around the world. so in which class should we register our domain name and what word will be registered "glatajo" or "glatajo.com" and is getting trademark in india give protection around the world ?
Thanks
T. Kalaiselvan, Advocate
(Expert) 09 May 2015
Indian trademark law statutorily protects trademarks as per the Trademark Act, 1999 and also under the common law remedy of passing off.
Statutory protection of trademark is administered by the Controller General of Patents, Designs and Trade Marks, a government agency which reports to the Department of Industrial Policy and Promotion (DIPP), under the Ministry of Commerce and Industry.
The law of trademark deals with the mechanism of registration, protection of trademark and prevention of fraudulent trademark.
The law also provides for the rights acquired by registration of trademark, modes of transfer and assignment of the rights, nature of infringements, penalties for such infringement and remedies available to the owner in case of such infringement.
