How To Protect Domain Name As A Trademark?

In the age of internet and telecommunications, websites and domains are not merely an address on the World Wide Web but the representation of the unique identity of a business. We have often heard of brands and companies protecting the brand name, logo and their unique ideas by obtaining the trademark for the same. Here is how and why should you protect the domain name as a trademark. Keep reading.

What is a Domain Name?

A domain name is nothing but a user friendly version of the internet protocol address available for the visitors to view. The Domain Name System (DNS) manages the Internet Web Servers assigned to it. .com, .org, .in are some of the examples of domain names. These are governed and administered by ICANN worldwide. The domain names are today much more than an address and form of intellectual property for businesses. They are the unique identifiers which set a business apart from the competition. Most of the business happens over the internet and hence it is extremely important to protect the domain names.

Can a Domain Name be registered as a trademark and protected?

Since a unique domain name not only represents the company but also distinguishes the goods and services offered, a domain name can be protected in a similar fashion like a trademark. The domain name must fulfil the requirements of being properly registered. The Supreme Court in case of Satyam Infoway Ltd v. Sifynet Solutions Pvt. Ltd. established that the domain names are in fact intellectual property of the business and hence can enjoy the rights and authorities similar to a trademark registration.

Difference between trademark protection and domain name protection

One of the major differences between the trademark registration and the domain name protection is that the trademark laws differ from country to country and hence the protection isn’t global. However, the domain name registration is governed by one organisation in the whole world known as ICANN (Internet Corporation for Assigned Names and Numbers) which ensures global, worldwide protection against infringement. A person or an entity can raise a dispute in case of following cases:-

1. There is blatant use of domain name in bad faith;
2. Cases of infringement against the accused;
3. And strikingly similar or confusing domain names.

Procedure to protect domain names in India

A person or any business entity may obtain protection to his/her/its newly created domain name in entire India under the Trade Marks Act, 1999 and the Trade Marks Rules, 2002. On registration of the domain name as trademark, the registrant can avail all those legitimate rights and authorities which are commonly bestowed on the owners of registered trademarks or services marks in India. One of the most essential rights that is granted to the registrant of the domain name is to take rigorous and drastic actions against any infringement cases connected with the registered and protected domain name within India.

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