Domain Name: Protection under Trademark law

What is Trademark?

A trademark is a branch of intellectual property which consists of a design, sign or expression that makes the products or services different from the competitors in the market. Also, the trademark helps in identifying the products or services that help in building brand value for the products or services. The trademark can be registered by an individual, a company etc.

What are the benefits of registering domain name under Trademark law?

There are multiple benefits of registering under a Trademark some of them are mentioned:

  • Legal protection
  • Easy recognition

A domain name is a unique address that is used to identify a website on the internet. It is a combination of letters and numbers that is used to access a website, and it is typically made up of a combination of the website’s name and a top-level domain, such as .com, .net, or .org.

Domain names can be protected under trademark law if they are used in connection with the sale of goods or services, and are distinctive. In order to qualify for trademark protection, a domain name must be used in a manner that is likely to cause confusion with an existing trademark. This means that if the domain name is similar to an existing trademark, or if it is being used in a way that is likely to cause confusion with an existing trademark, the owner of the trademark may be able to take legal action to stop the use of the domain name.

There are a few different ways that a domain name can be protected under trademark law. One way is through the use of trademark registration. If a domain name is registered as a trademark, it can be protected under trademark law. Another way is through the use of common law trademark rights. If a domain name has been used in commerce and has acquired a secondary meaning, it may be protected under common law trademark rights.

It is important to note that domain names are not automatically protected under trademark law. In order to be eligible for trademark protection, a domain name must be used in a manner that is likely to cause confusion with an existing trademark. If a domain name is being used in a way that is not likely to cause confusion with an existing trademark, it may not be eligible for trademark protection.

-Surbhi Singla

Associate at Lawgenix, Mohali

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