Domain name and Trademark rights in India

Domain names are short, easy-to-remember versions of internet addresses that are often used to locate websites. Domain names are generated using the Domain Name System’s (DNS) procedures and rules, and names registered in the DNS are domain names.

A domain name is the online identification of a company. A DNS server is required for every web server in order to convert domain names into Internet Protocol (IP) addresses. Domain names have become company identities since they are simple to use and remember. A trademark is a graphic representation of a mark capable of differentiating one person’s services and commodities from those of another. It could be the shape of the items, their packaging, or a color combination. It might be a brand, a logo, a label, a name, a signature, a letter, a word, a numeral, packaging, or a color combination.

The functions of a domain name are similar to those of a trademark. In business dealings and transactions, a domain name performs the same functions as a trademark does offline. A trademark is a pictorial representation of a company’s product or service, whereas a domain name is the company’s online navigation and virtual image. The following are some of the advantages of having a trademark and a domain name that are both registered and protected:

• A registered domain name protects against unauthorised use by any company or person, whereas a trademark protects and promotes the brand name.
• The face value of a profession or business is supported by a trademark, whereas the contact value of a firm is increased by a domain name.
• A trademark makes a product or service prominent in the market, while a domain name can deliver the service or product to customers worldwide.

The exclusive right to use a trademark in relation to products and services is granted to its registered owners. Its purpose is to set the company’s products apart from those of its competitors in the marketplace. As a result, a trademark and domain name both act as business identifiers. A well-protected domain name, like an internationally protected trademark, is helpful to a company’s security and profitability. As a result, both the trademark and the domain name must be registered.

Unlike trademarks, however, the process of getting a domain name does not include a review of whether it is capable or unique of identifying itself. Domain names that are descriptive can be registered. Some companies register their trademarks as domain names. As a result, once a domain name has been chosen, the holder can file for trademark protection to prohibit third parties from using the name. In the absence of a specific law governing domain names, the Trademark Law is applied.

Domain Name Protection in India

In India, there are no laws that protect a domain name. Thus, under the Trade Marks Act of 1999 and the Trade Marks Rules of 2002, any individual or corporation can get protection for a newly formed domain name in India. Only the ICANN (Internet Corporation for Assigned Names and Numbers) organization registers domain names as trademarks on an international level.

Domain names as trademarks are protected at the worldwide level by the Internet Corporation for Assigned Names and Numbers (ICANN), as well as other international trademark treaties and directly applicable country trademark laws. The registered domain name owner will have all rights and authorities that the registered trademark owners avail in India after the domain name is registered as a trademark under the Trademarks Act, 1999 (‘Act’). The Act’s provisions will offer it trademark protection, including the right to sue for infringement or passing off.

Anyone who uses a domain name that has been registered as a legal and active trademark under the Act in an unauthorized manner will be held accountable for trademark infringement under Section 29 of the Act. If they are the prior user of the mark and it has gained distinctiveness, the owners of unregistered trademarks are also entitled to trademark protection. When someone else misrepresents the unregistered mark as his or her goods, and it is likely to deceive the relevant public, the unregistered trademark owner has the right to sue for passing off.

In trade and other business activity on the internet, domain names play an important role. Domain name protection is especially important for organizations that only operate on the internet. The Trademarks Act, 1999, protects domain names around the world in India. Thus, trademark infringement protection is available for registered domain names, whereas passing off protection is available for unregistered domain names under the Act.

***Other Articles***

– You could see Procedure of Trademark in India here.

– You could visit here to see Required documents of filing trademark in India.

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