Recently We Faced a issue with startup that they hold the .in domain name but when they are search for the .com Domain name so that are already registered. or someone defeat your brand name with that domain or running the same type of business with that domain. So We Explain you "How you Claim your Domain Name with TradeMark"
Today's Most of the Startups invest almost 30% funding on their brand development which included buying a premium domain and running a marketing campaign for their logo so as to be able to get their name out in the market.
They had bought a .in domain by spending more than half a million without getting the trademark registered in India and surprisingly they forgot to read the by laws prescribed by the .in registry in order to use the domain and the purpose why .in has been parked.
Little did they know that their precious domain could be taken away from them anytime if they didn’t hold a registered trademark for the same!
Let us understand what could be the worst case if you forgot to safeguard this intellectual property or to read the by-laws prescribed by the .in registry:
Brand Protection For Startups
Domain names have now become much more than a mere representation of the websites of different companies on the Internet. In today’s age, startups in India, first try to create their web identity by buying premium domains and then these startups end up shelling out big bucks on marketing their brand.
But most startups forget the expenditure on securing their brand or web identity in India.
What Do Domain Hosting Companies Suggest?
This brand protection case is applicable with .in domains only and not with other category domains. Why only .in? He explains to us that the main purpose of .in registry is to give .IN domain, which represents the unique symbol of India. These domains are treated as the asset for the Indian registry and also, we can’t compare this it with other domains like .com or .net or any other registry domains as they are not linked with any nation’s integrity.
Most of the owners we talk to, their view is that they have booked the domain and are running their website with ease. Who can take their identity away from them?
The .in registry has given on their site the grounds under which they accept the dispute:
” (i) If the domain name is similar to registered trademark or service mark.
(ii) If the domain user has no rights or legitimate interests in respect of the domain name; and
(iii) the Registrant’s domain name has been registered or is being used in bad faith. “
In respect of these disputes, one can file the dispute with the registry by paying the required fees assigned by the registry.
Benefits Of Getting A Name Trademarked
If somebody says that getting a trademark registered is waste of money and time, then they surely would not know what benefits a registered trademark gives:
– It helps in securing the identity of the trade name in the market , that no one can copy it and use the same.
– It helps in securing the domain name of the company as discussed above.
– Although by registering trademarks, one can use the same name if he/she wants to open a separate legal entity.
Procedure to Claim the .IN Domain Name with TrdeMark -
You can file the claim application with .IN Registry. Process is here- Link
Procedure to Claim .Com Domain Name with TradeMark-
GoDaddy Procedure :-
If you are the owner of a registered trademark that you believe is being infringed upon in a website hosted by GoDaddy, you may submit a trademark infringement complaint. These complaints may only be submitted by registered trademark owners or agents authorized to act on the owners’ behalf. To view our Trademark Claims Policy.
You Can Checkout here the Claim Procedure Application here-
Trademark Claim Violation Preparation Form
Source : Inc42, .INRegistery, GoDaddy