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[mdniaz]

Hi,

I have just come across an issue that I don't really have much knowledge about. And, I need some help on how to handle this issue:

I have a registered business in Canada as a Sole Proprietor. Also, I have my business website as well, and the domain is not registered under any trademark law, but have been running for about 2 years. The name of the domain is not exactly the same as the name of my registered business, but, somehow connected (abbreviation). Also, I have been using a business slogan for quite long as well, and the slogan is actually exact same as the domain.

Recently, I have received an email from a chinese domain name farm (located in China) stating that a business organization in China is applying for domain registrations (.cn, .asia etc.) with the exact same name as my domain name (my one is a .com). Also, they are trying to tradmark the domain name which I already use (they want to market their online presence by the name of my already registered domain, only except the .com part). That means, their intended slogan become exact same as of mine, which I have already been using for long time and published online with a TM sign.

So, the Chinese domain farm is asking me if I have any objection against this. They have mentioned that, by Chinese Law, I hold the trademark on the slogan and the domain name.

Could anybody please shade some lights on this issue? Is there any chance that they will be allowed to have this trademark registration? If they do have the trademark, what happens to my right on my slogan which is already in use for long time (my website is an e-Commerce site and I sell globally)? And, what will happen to the right on my actual domain name?

I appreciate your support. Thank you very much in deed.

[JSonnabend]

My client's routinely receive correspondence similar to what you describe.  In my experience, every single one has been a solicitation aimed at having you buy domains from the company sending the correspondence.

- Jeff

[Spielman]

Our client's get those types of letteres all the time as well. Most of the time there are hidden agenda's or scams involved with those letters. As far as international trademark protection is concerned, if you have concerns about someone in china using a similar mark or domain name, then you should speak with an attorney who specializes in trademark law to better understand your options.

Darren Spielman
www.ComplexIP.com

[justin_yu]

I have to admit that this is a Marketing letter. They are very likely to want to sell you a domain name.
Being a China IPR attorney, if you have any questions on this. You can send your questions to my email.
I will help you to check it.

my email: justin#lawyer8.com.
You need replace the # with @.