How Does Cybersquatting Affect My Business?
Trademarks are one of the most important things in cybersquatting. It basically protects your legal rights in cybersquatting by being a legal claim to an internet domain name or web address. By using a cybersquatting strategy, you can also protect your legal rights in the real world. However, not all cybersquatters are careful what they are doing. Below are a few common mistakes made when creating a domain and web address.
Trademarks Act – This was introduced to protect Indian courts from foreign corporations who abused their rights in trade. The Trademark Act states that a registered trademark gives the owner the legal right to use the mark in any way that he wants. In other words, the owner has the right to register his trademark in any form in the Indian market. However, registered trademarks are held for a period of 20 years after which they become available for public access. If your domain names do not conform to this act, then it will be difficult to get them registered in future.
Domain names taken from domain registers in India fall under this category. Registration of domain names from foreign internet service providers comes under the category of cybersquatting. There is a lot of potential between the Indian market and foreign internet service providers but there are certain risks involved as well.
In India, you are required to follow the rules and regulations of the Registered Office system. There is an internal internet registry known as the IP Register and it was formed to harmonize the functioning of the different regional offices across the country. Registration of domain names from foreign countries is not permitted and it may not be approved by the Regional Internet Registry office. To get approval from RIR, there is an intent to prove that you intend to use the trademark in business.
In order to protect their interests, Indian courts have defined certain parameters that have to be followed. These parameters are called the ‘goodwill principle’, ‘trademark maintenance’ and the like. All these aspects are meant to make sure that the Indian courts do not get influenced by the lobbies of the foreign websites. They have also been directed to ensure that the rights of the owners of domain names are not lost. Hence, it becomes imperative that you abide by the Indian trademarks act and register all your website names accordingly.
If you want to establish a cybersquatting business in India, it becomes imperative that you approach a reputed trademark attorney who will help you register the domain name. He will also file the application in the concerned regional office and follow the due procedure. There is no doubt that this method will help you increase your earnings manifold, but you may have to wait for a long time before your site is registered. Registration may take up to one year and after that, you may have to pay heavy fines for any violation.
A good trademark attorney from a reputed law firm will not only help you get your domain name registered but will also help you protect your intellectual property rights. He will protect your intellectual property rights by filing a case against the website owner if you find out that he is using your trademark without your permission. The webmaster may even transfer your trademark to some other website or register a new web site under your name but this will void all of your right to demand registration. You can approach a trademark attorney who will advise you on what to do if the website owner refuses to register the domain name.
If you are looking to register your domain name is identical or confusingly similar to another trademark, you can approach a trademark attorney who will help you register your trademark. A trademark is very important because it prevents other people from using your mark and also helps in protecting your goodwill. If you register your trademark with a good law firm, they will take care of all the problems that may arise. There are plenty of good lawyers in the internet who can help you register your domain name is identical or confusingly similar to another person’s trademark.