How to Protect Internet Domain Names as a Trademark?

Protect Internet Domain Names as a Trademark
Karan Singh
| Updated: Mar 26, 2021 | Category: Trademark

In recent years, internet domain names have become highly in demand and much more than ordinary signifying the websites of various companies or businesses on the internet. In this era of well-advanced and developed IT (Information Technology) and global businesses through the internet, these internet domain names have achieved the status of being company or business promoters and identifiers. Since the commercial happenings or events on the internet are rapidly increased day by day, the reputation and effectiveness of domain names are also enhanced and developed for the objective of bigger popularity, publicity, and cost-effectiveness of companies or businesses in various financial sectors. However, with the increasing demand for domain names on the internet, it is also important to protect internet domain names from infringers. So, it is essential to register or protect Internet Domain Names as a Trademark. Mostly, the roles of domain names are relatively similar to the roles of Trademark or Service Mark for these purposes. In this blog, we discuss about how you can protect internet domain names as a Trademark.

What are the Roles of Trademark and Domain Name?

An internet domain name is an easy form of IP (Internet Protocol) address; the technical Internet Protocol address of domain name being undetectable to the users. Address to the Internet Web Servers is allotted and managed by the DNS (Domain Name System), an internationally distributed internet database directed by ICANN (Internet Corporation for Assigned Names and Numbers). For example, xyz.com is a domain name. The XYZ name of a domain is called the Second-Level Name, and this should be unique and distinct, and it can only be created by the applicant of a domain name. The end portion .com of a domain name is known as Top-Level Domain (TLD), and they further categorized into the categories of the Generic Top-Level Domains (GTLDs). Some of the well-known TLDs are .gov, .net, .in, .org, etc.

Usually, a domain name implements the same functions online, which a Trademark serves in the offline business transactions and connections. The Trademark is a prominent explicit signifier of your company/business or products, whereas the domain name is a navigator to your company or business on the internet. By registering and protecting a Trademark and domain name can offer the following advantages:

  • A Trademark safeguards the brand name, whereas a registered and protected internet domain name offers you protection against any illegal or unlawful use of your registered domain name by any unauthorized person or company.
  • The Trademark Registration aids the face values of your business or company, whereas a domain name upsurges the access value of your company or business from any faraway place of the globe.
  • A registered trademark makes your products and services noticeable in the concerned marketplace, whereas a domain name can also function to distribute your products and services to your clients globally.

Thus, it is essential to protect internet domain names as a Trademark because a safeguarded domain name is immensely beneficial for global importance, cost-effectiveness and security of a business quite similar to an internationally safeguarded Trademark. Hence proper Trademark Registration and Domain Name Registration are advisable and authoritative.

Also, Read: An Overview of Trademark Application Status in India

Can you Register and Protect Internet Domain Names as a Trademark?

Yes, you can register or protect internet domain names as a Trademark in India. It is true that internet domain names can also be protected and registered as Trademarks at the national and global levels, provided that the domain names should fulfil all the conditions to be duly registered and safeguarded like the Trademark.

Any distinct domain name which is capable of differentiating and recognizing products and services of a business or a company from other competitors in the same market place and also act as a trustworthy source identifies for the products and services on the internet may be safeguarded and protected as Trademark, if it fulfils all the other regulations and necessities for the registration which are generally applicable to the trademarks. Again, for the domain name registrationas a Trademark Registration, this should be unmistakably distinct from all other domain names and Well-Known Trademarks on the internet so that it doesn’t sound misinformed, confuse, or mislead customers of other companies involved in similar or dissimilar fields, or infringe public orders or morality. These cases may give an upsurge to occurrences of Trademark Violations or Trademark Litigation.

Protection of Internet Domain Names

In India, the protection of internet domain names has been approved by the law court of the nation, like the security enjoyed by the Trademarks, provided that the designated domain name satisfies all the requirements to be correctly registered under the Indian Trademark Laws. Any individual or company, or business may get protection to their newly established domain name in whole India under the Trade Marks Act of 1999 and the Trademarks Rule, 2002, and all modifications made in these so far. For the objective of international protection of registered internet domain names, the designated company or business or individual has to obey the above-mentioned procedure.

Now, it may be repeated that a protected internet domain name will provide to the Registrant all those legitimate rights and authorities which are typically availed by the owners of the registered Trademarks in India. The rights to take extreme and rough actions against any violation cases associated with the protected and registered internet domain name within the Indian Authorities are fundamentally covered by these rights arranged to the Registrant of the internet domain name by any local Trademark Office of India. In this association, the decision and opinion of the Law Courts of India, basically comprising the Apex Court, are stated clearly during the handling of many domain names related to law cases.

Conclusion

From the above article, it is clear that it is important to protect internet domain names because they have now increasingly diverse, both in connection with the internet and business & market on the internet. As the internet is booming very fast, and it becomes a highly preferred platform for enhanced business flow-related information by individuals and companies in all financial sectors. However, for the best efficient and sever protection of internet domain names at the international level, close synchronization of the Trademark Laws of separate nations globally is also highly required.

Also, Read: Difference between Trademark and Patent: A Complete Guide

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Karan Singh

A legal writing enthusiast, a wanderer, and a zealous reader. After gaining a lot of knowledge about the diverse legal topics and developing research skills, Karan joined the league of legal content writers to deliver quality-rich blogs.

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