Domain as Trademark

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Domain as Trademark

Ques: What is a domain name?

Ans: A domain name, web address or URL is an address assigned to individuals or companies in order for them to be located on the World Wide Web. For example, the domain name chambers of law represent CHAMBERS OF LAW Trademark company. Your domain name is your unique identity on the web and is your "Online Brand". Your customers will use this name to find about your services and products from all over the world. Since no two parties can own the same address, your internet identity is unique.

Ques: Why should I register a domain name?

Ans: A domain name, apart from being your worldwide address, is your own unique identity on the web. It puts you in the limelight and your business to millions of people worldwide. When you register your domain name, you will be among those million others who are reaping the rewards of being online.

Ques: Why should I register my domain name as a trademark?

Ans: Please note that owning a domain name without a TM does not necessarily permit you to conduct business with that domain. When you build a lot of brand equity in a name, the last thing you want to do is to see it tarnished. Therefore, a good option is to secure your domain name with a registered trademark. Numerous business and domain owners have spent a lot of money and time building and establishing a business only to find out that some other business or individual placed or previously applied for a trademark. Some business/domain owners have been ordered by court to stop conducting business which infringes on other's business/domain and others have stopped doing such business to avoid legal prosecution.

Ques: What forms of protection are available for domain names?

Ans: The Bombay High Court has held that the Internet domain names are of importance and are a valuable corporate asset. A domain name is more than an Internet address and is entitled protection as a trademark. With the advancement and progress in technology, the services rendered in the Internet site have also come to be recognized and accepted and are being given protection so as to protect such provider of service from passing off the services rendered by others as his service. As in the case of Rediff Communication Limited Vs Cyber booth, (dispute of the domain name radiff.com as against rediff.com), the Court was satisfied that the defendants have adopted the domain name "Radiff" with the intention to trade on the plaintiff's reputation and accordingly the defendant was prohibited from using the said domain name.

Ques: What are the costs involved for trademark registration?

Ans: Please see our fee details for details regarding the costs involved and to avail our services. If you have any further queries, please do not hesitate to send us an e-mail at gagan@chambersoflaw.co.in.