(Guest)

I fear losing my trademark.

So, here is the situation. A phrase (lets say- "pundits") was registered by me as a domain name i.e, www.pundits.com. On the 27th of June 2013.

Then I attached it to my website host on 27th

and subsequently, to my payment gateway etc.

I am trying to start an independent shop , online. I intend to sell garments and footwear and handbags which I or other colleagues make.

I was also told by a lawyer that I do not need to register since it is a small sole proprietorship. However, I figured that I must research if I should register either the business or the trademark. I HAD been using it since June 2013. The website has not been made yet. it will be done on Sunday.

Now when I tried to register the trademark yesterday, I find out that another garment manufacturer and exporter in Mumbai has applied for the trademark registration on the 13th of July 2013. 13 days after me. Apart from this there is no other presence on the internet, anywhere of "pundit"- he has registered it as "pundit" instead of "pundits".

I own the domain name www.pundits.com before he applied for the trademark "pundit". Please remember 'pundit' is being used as an example here.

Now he has claimed on a trade website that his business is worth 10 million. Mine is just a small start-up. But the domain name is all i have. It has become my identity. And the identity of my business.

Here are my questions:

1. How do I find out if he has been using it before me.

2. Can I register a sole-proprietorship company and own the domain www.pundits.com under it. And use that domain name. Without any conflict with his business- if he gets awarded the trademark?

3. I will use the name www.pundits.com for promoting my business and use it in print like making labels and packaging etc.

4. My website isn't developed yet, for financial reasons but it should be done by end of the week.

5. Most important for me is to be able to use my domain name. It is not the name of my company, it is the name of the website. Will their filing for a trademark , affect my being able to use my domain name?

Please let me know what to do. I am spending sleepless nights.

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2 Replies

Vidhi Joshi (Trademark Registration Mumbai | IPR Firm | Mumbai | Start Up Lawyer | Copyright Lawyer) 13 December 2013

1) you need to prove during examination that you are using the mark before him for that you have to present invoices etc of the trade done.

2) yes you can register a trademark in the name of an individual, sole proprietor ship or company name. Further, if the the other party gets there mark register before you, you need to take consent for other party before using the same.

3) you can use it even if its not registered but you will not getany protection under law if the same is infringed by any other person.

4) you need to show that you have started business in the dated stated.

5) for good protection you need to register your trademark along with registering your domain name.

Nagaraja B S (Corporate Commercial & IP Lawyer) 14 December 2013

Firstly, a Trademark application will not assure Trademark Certificate for your opponent. It requires prior usage.

Trademark Principle is First to use.

Brand is a brand, it is definitely necessary to apply for Trademark and get it registered. Irrespective of small or big, every brand needs protection.

It is advisable to get the trademark registration, at the very first instance.

For more details, you can reach me on nagaraja_bs@iplexglobal.in

Nagaraj

www.iplexglobal.in