Monday, 31 January 2022

DOMAIN NAME PROTECTION- OISINI PODDAR AT LEXCLIQ

 DOMAIN NAME PROTECTION- OISINI PODDAR AT LEXCLIQ

Domain names are not protected by Indian law. Therefore, under the Trademark Law of 1999 and the Trademark Regulations of 2002, newly created domain names in India are protected by all individuals or companies. Internationally, domain names are registered as trademarks only by ICANN (Internet Corporation) for their assigned names and numbers. ) Organization.


Internationally, domain names are protected as trademarks by ICANN, along with various international trademark treaties around the world and directly related national trademark law. After the
domain name was registered as a trademark under the Trademark Law of 1999 (“Law”), the owner of the registered domain name has all the rights and powers enjoyed by the registered trademark owners of India. increase. Trademark protection is granted under the provisions of law, including the right to sue for infringement or disclosure. Any person who illegally uses a domain name that is valid under the Act and registered as an existing trademark shall be liable for infringing the trademark of the domain name under Article 29 of the Act.
Trademark protection is also available if the owner of an unregistered trademark has previously used the trademark and has acquired this unique character.

The owner of an unregistered trademark may sue for transfer if another person presents the unregistered trademark as a product and the parties concerned may mislead. The domain name serves as an integral part of any commercial transaction and any commercial activity on the Internet. In particular, companies that work exclusively on online platforms need to protect their domain names. In India, the Trademark Law of 1999 protects domain names around the world. Therefore, registered domain names are protected from trademark infringement, and unregistered domain names are protected from transmission under the law. If the domain name meets all the requirements for trademark registration, the domain name will be registered nationally and internationally. You can register a unique Internet name as a trademark that distinguishes and distinguishes one service or product from another.

The domain name must serve as a trusted source identifier for goods and services registered as trademarks on the Internet. Domain names as trademarks need to be distinguished from all other well-known trademarks and domain names on the Internet so as not to deceive or mislead customers of other companies or violate morals or public order and morals. 

A well-protected domain name is beneficial for the security and profitability of a business, just like an internationally protected trademark. Thus, registration of both the trademark and domain name is necessary.However, the procedure of acquiring a domain name involves no examination of whether it is capable or distinctive of distinguishing itself, unlike trademarks. Descriptive words can be registered as domain names. Some businesses use their registered trademarks as domain names.

Thus, once a domain name is chosen, the holder can apply to obtain trademark protection for the domain name to prevent any third party from using the name. In the absence of a particular law governing domain names, the Trademark Law applies for the same.


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