How can we protect a domain name and trademark internationally?

If a reputed online company registers a trademark in India with the name Sell Abc & a domain name SellAbc.in, then is it against the trademark laws if a startup in a similar business registers a trademark SellMyAbc & a domain name SellMyAbc.in?

• The company which filed the trademark for "Sell Abc" operates with a very different name, say MNPQ.in and for them "Sell Abc" is just a marketing slogan by which they're trying to tell people that people can they can use their "Abc" as their selling tool. They have trademarked it as "Sell Abc" (there is a space in between & it has a logo). For example, you can sell flowers (or anything) "using" baskets (Abc). But, in our case, by SellMyAbc.in we mean that people can sell their "Abc" on our portal. So, in our case, SellMyAbc.in is an online portal where people can sell & buy "Abc". So, the above example in our context becomes that people can sell & buy "baskets" (Abc) on our portal. I think we are using SellMyAbc.in is a very different context. Still if there is a problem, then will it be good to file our trademark as SellMyAbc.in instead of just SellMyAbc? Please note that I'm using example names here & have no intention to relate these names to actual brands if they exist.

• Answer:

  Yes that will amount to infringement of trademark of prior owner. Simply by adding 'my' your mark cannot be considered as different, specially when you doing business in same space. Ideally you should adopt a different mark. For more information feel free to contact.