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vishal (owner)     15 July 2011

Is trademark reg. must for domain name passing off case

Is it mandatory to have trademark registration completed to sue someone on 'domain name passing off' case?

Since it takes 2-3 years to get trademark registered,can a company having similar domain name be asked to stop using that name?



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 4 Replies

Out of Court (Consultant)     15 July 2011

you want to sue or in fear to be sued ... have you applied for trademark registration ?

vishal (owner)     16 July 2011

i want to sue him....i applied for trademark registration 18 months back..its still under process

Out of Court (Consultant)     16 July 2011

you can sue ..... can contact 8756272683 for detailed consultancy ... Ajitabha Pandey ... 

Nagaraja B S (Corporate Commercial & IP Lawyer)     18 July 2011

Vishal,

Domain name is available for anybody to use, on a first come first basis. Applying for a trademark registration can esnure you can use it as a brand name. It will not give right / ownership to domain name.

Feel free to contact me, if you need further details.

Regards,

Nagaraj

IP & Business Lawyer

IP Lex Global Services

Email: nagaraja_bs@iplexglobal.in

Mob: 0091-09902007635 / 34


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