All You Need to Know About Trademark of Domain Name

In India, the growth of E-commerce platform and Digital Marketing has led to huge growth in demand for an online existence of a business. The rising businesses require a website to connect and reach more & more clients and for showing the goods & services manufactured by them. The website is also essential to compete in the wide global market. To fulfill the necessities of the website of businesses to compete in worldwide markets, the businesses require a trademark of domain name for their website. The domain name will represent the business brand and will perform as an online individuality for the business.

These days, the commercial activities on the internet are growing day by day, leading to a growth in the effectiveness and importance of the business’s domain name. The growth of a domain name must be boosted in all the financial sectors for the objectives of huge popularity, profitability, and publicity of businesses. Scroll down to check more information regarding the Trademark of Domain Name.

An Overview of Trademark

It is a name, logo, design, symbol, word, phrase or any combination of them, which identifies and distinguish the source of goods or services. The holder of a well-known Trademark holds the exclusive rights for the Trademark use. The opponents who are in the market are prohibited from using or copying a similar Trademark for selling their products or services and also assists the customers to connect with the products or services they use with a specific Trademark. The consumer of products or services is guaranteed quality and consistency in the products and services they use once the Trademark protection is given to these products or services used by them.

The rapid increase in online business and marketing boosts an increasing demand for the Trademark of the domain name associated with a specific business, goods, and services. The battle to protect or reserve domain names has caused numerous disputes about Trademark Infringement^[1]. For example, when some businesses want to utilize their already registered or well-known Trademarks and established a Trademark of a domain name, they discovered that their domain name has already been taken by someone else. To resolve such a problem, some measures were taken to avoid the Trademark Infringement of a domain name in India.

What is a Domain Name?

Such a name is the best method of IP (Internet Protocol) address. The domain name is generally used to find websites of products or services which any consumer wishes to discover for information about a product or service. A domain name is the online identity of a particular creation, organization, or individual. The domain name is the online address of a particular creation, organization, or individual and leads to the page in which the holder of a domain name wishes to be viewed by the normal public when they come to the website domain of the domain name’s owner.

Usually, in the case of companies, traders, and businesses, they use the business/trade name as their online identity or domain name. It is a permanent address that can be retrieved by anyone from anywhere around the globe regardless of the owner’s location. Hence, the registration of a domain name gives an international presence to the online identity of an organization or an individual.

The domain name is created as per the norms prescribed in the Domain Name System (DNS). Any name which is registered under DNS or Domain Name System is a domain name. There are only a minimum number of domains available such as .org is used for an organization (Non-profit), .edu is for educational institutions, .com for commercial, etc.

Crucial situations for Trademark of Domain Name

A business can attain Trademark Registration for its domain name after fulfilling some situations, and you can check the situations as follows:

1. The name of the domain must be unique and distinct;
2. The name of the domain should not be offensive;
3. The domain name must have the capability to distinguish and recognize the products and services of the company from other companies in the market;
4. The domain name must not disrupt any registered Trademark or any mark for which a Trademark application has been filed with the Registry of Trademark.

Note: Once all the vital situations or conditions are fulfilled, the domain name holder can file an application for the Trademark Registration of the domain name along with all the vital documents.

Different kinds of Disputes regarding Trademark of Domain Name

The different disputes for which any individual can file an application for dispute resolution while obtaining a Trademark of Domain name are as follows:

• The name of the domain for which the application for Trademark Registration is filed is indistinguishable or similar to already register;
• The proprietor of the Trademark of Domain Name has no rights in the registered domain name;
• The Trademark of Domain Name is registered or used in a correct manner by the owner.

Remedies to the Trademark owner of Domain Name

After attaining a Trademark of Domain Name, the Trademark owner will get the Trademark protection from infringement as compared to other forms of Trademarks. The owner of the domain name takes some action in case of infringement, and you can check the same below:

1. Passing-off: In this case, the proprietor of the domain name can file a suit for passing off for the Trademark registration of the domain name, which is pending with the Registrar at the Registry of Trademark.
2. Trademark Infringement: If any person or the third party violating a domain name, which registered as a valid and existing Trademark under the Law of Trademark, can be held responsible for Trademark Infringement under Trademark Act, 1999 (Section 29). For this, an infringement suit is required to be filed by the Trademark owner.

Conclusion

The significance of domain name has now rise varyingly in business and start on the internet communication. These days, the internet has become essential, and it is highly popular for an enhanced flow of business-related information of all types of entities and peoples in all the financial sectors. Therefore, there is a vital need for getting suitable Trademark protection of the domain name, which is distinct.

Also, Read: Among Trademark owned by a Promoter or Company- Which One is Better?