India Trademarks , INDRP and Generic Domains

Referring to an INDRP case, this particular paragraph was important in terms of Generic Keywords like Business, Cars, Jobs , Shoes, Fashion etc

The section 9 and 32 of the Trademark Act prohibits use and registration of trademark consisting common and/or generic word. To acquire exclusive right to use generic words like "business", "jobs" or "internet", the complainant must show that the words had acquired secondary meaning before registration or after registration and he has acquired reputation or goodwill in them or that he is known or recognized by that in or outside market. He must show that he has acquired these by using them extensively. He should also prove the length and extent of sales, advertisement, consumer services areas, media recognition.

Tickets.in INDRP (Case no. 1187 / March 17, 2020)

Brandable Domain Names and UDRP

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