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CAN A DOMAIN BE TRADEMARKED


CAN A DOMAIN BE TRADEMARKED ?

A domain name is a unique name that's associated with an IP address. Computers recognize the name and connect users to the IP address associated with the domain name. For example, "findlaw.com" is a domain name. Findlaw is the unique name and .com is the suffix, or the last part of the domain name, which is also referred to as the top level domain (TLD). There are numerous suffixes available, including:

• .org: Nonprofits

• .gov: Government agencies

• .edu: Educational institutions

• .biz: Businesses

• .travel: Travel industry

• .mil: U.S. Military

• .net: Network-related entities

To view more suffixes, visit the list of top-level domain names maintained by the Internet Corporation for Assigned Names and Numbers (ICANN).

When does a domain name qualify as a trademark?

A trademark is a name, symbol, logo, or other device used to identify and distinguish a product or service from other competitors. Not every domain name will qualify for trademark protection. The use of common or generic names will not usually meet the criteria of a trademark. Domain name trademark applies to a domain name if:

• It is distinctive or its distinction results from consumer association of the name and the Internet business; and

• The owner of the domain name was the first to use it in association with the sale of goods or services.

When trademark law protects a domain name, the owner has the right to prohibit the use of similar names or misspelled names by others.

If an application is made for the registration of amazon.com or amazon.in, the trademark examiner would not consider domain elements like .com or .in and would only consider the word “amazon”. If that word passes the normal tests for objection like similar or identical trademark exists or other reasons, then the mark is cleared for publishing in the Trademark Journal.

Further, in some cases, even words that are not eligible for registration as a word mark may be eligible for registration as a domain name, as there is no space in between the words and the addition of .com gives a character to the mark. For example, Fast Forward may not be eligible for trademark registration, but fastforward.com could be eligible for registration.

Proving Distinctiveness

While submitting an application for registration of trademark for domain name, the applicant can show evidence in the form of a website offering goods or services for sale under the brand. The website and display of goods or services under the brand can be used to prove trademark use and distinctive character as a trademark.

For further more information related to trademark registrationform, the procedure of registering a trademark, documents required for trademark registration, you can call us at 8788091087. Our experts are available here to advise you the best in the matter of register logo. You can also send your query on Email: info@herambindia.com. Visit our website: Herambindia and through the Trademark search, you can protect yourself from the matter of Trademark infringement.


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