Introduction

Computers use IP addresses to identify devices. IP addresses are generally a series of numbers. However, it is difficult for us humans to remember these complex strings of numbers. Hence, domain names were developed and used to identify entities on the Internet. In simple words, a domain name can be said to be the name of a website. A domain name is the address where Internet users can access websites and locate a business with which the domain name is associated. For example - google.com, yahoo.com, reliance.com, compliancecalendar.in etc. 

Can domain names be registered and protected as Trademarks?

Traditionally, domain names were not considered within the range of Intellectual Property (IP). However, with the growth and development of digitization and an increasing need for cyber protection, there arose a need for the introduction of domain names within the scope of IP law and trademark registration.

Many businesses have now protected their domain names as trademarks because the domain names themselves identify the goods or services of the business and often distinguish the business from other competing businesses.

In India, a domain name can be seen as a trademark under Section 2(1)(z) of the Trademark Act, 1999. In the case of Satyam Infoway Ltd. v. Sifynet Solutions Ltd., the Court held that, “The original role of a domain name was no doubt to provide an address for computers on the internet. But the internet has developed from a mere means of communication to a mode of carrying on commercial activity. With the increase of commercial activity on the internet, a domain name is also used as a business identifier. Consequently, a domain name as an address must, of necessity, be distinct and unique and where a domain name is used in connection with a business, the value of maintaining an exclusive identity becomes critical. As more and more commercial enterprises trade or advertise their presence on the web, domain names have become more and more valuable and the potential for dispute is high."

In Rajat Agarwal & Org. vs Spartan Online Pvt. Ltd., the Calcutta High Court cited the Satyam case and held that a domain name must necessarily be peculiar and unique to the business because maintaining an exclusive and distinct identity was critical.

Are Trademarks and Domain names the same?

Businesses may use their registered trademarks as domain names or as part of their domain names. Once a domain name has been selected, the owner can apply to obtain trademark protection for the distinctive part of the domain name in order to prevent others from using the name. 

However, a trademark is territorial in nature. It can only be protected only in those jurisdictions where it is registered. For example, if a trademark is registered in India and protection is sought in Singapore; it must be registered in Singapore as well. Whereas, domain names can be globally registered as trademarks or service marks by only one organization which is ICANN [Internet Corporation for Assigned Names and Numbers] along with the national and international protection under the directly concerned national Trademark Law and diverse International Trademark Treaties of the world.

The Bombay High Court in People Interactive (India) Pvt. Ltd. v Vivek Pahwa & Ors dealt with a passing off dispute between “shaadi.com” and “secondshaadi.com”. The Court held that the word “shaadi” is generic and a commonly used term and that acquiring a secondary meaning would necessarily imply that the term had transcended its original association and the public relate it exclusively with the holder of the mark. Hence, it is essential that the primary meaning of the word must have been lost. Since that was not the case in the matter, the Court ruled in favor of the defendant.

Is Domain name as an IP undervalued?

Companies and individuals that do not value their domain names as they do their trademark and patent portfolios run the danger of undervaluing their domain name assets. There are several reasons why it is necessary to value domain names, such as an increase in user traffic, search engine exposure as well as preservation of the brand. When it comes to online marketing and branding with respect to online commerce, news, advertising, gaming, and the like, a domain name is a valuable IP asset a company can have. However, for the most efficient and attentive protection of domain names, harmonization of the trademark laws of individual countries worldwide is necessary.

In conclusion, domain names have emerged as crucial assets in the digital world, not just as addresses for websites but also as trademarks. Their protection and registration under trademark laws serve to safeguard businesses from potential trademark infringements and maintain their distinct identity. As technology continues to evolve, the importance of domain names as trademarks will only continue to rise.

CONCLUSION

In conclusion, domain names have become invaluable assets in the digital landscape, serving not only as web addresses but also as trademarks. Their registration and protection under trademark laws offer businesses essential safeguards against infringement and help maintain their unique identity. As technology progresses, the significance of domain names as trademarks will only grow, emphasizing the need for their careful management and protection in the ever-expanding digital world. 

Are you also looking to get your trademark registered or stuck in any trademark procedure? We are here to help you anytime! We will not only help you register your trademark but also protect your mark at all the stages of registration. For any further clarifications and suggestions, kindly connect on 9988424211 or mail at info@ccoffice.in.

FREQUENTLY ASKED QUESTIONS 

Yes, domain names can be registered and protected as trademarks. In India, domain names are considered trademarks under Section 2(1)(z) of the Trademark Act, 1999. Businesses often protect their domain names as trademarks because they serve as identifiers of goods or services and distinguish them from competitors

While trademarks and domain names may overlap, they are not the same. Trademarks are territorial in nature and can only be protected in jurisdictions where they are registered. On the other hand, domain names can be globally registered through organizations like ICANN and are governed by national and international trademark laws.

Valuing domain names as intellectual property is crucial because they contribute to increasing user traffic, search engine exposure, and brand preservation. Domain names are valuable assets, especially in online marketing and branding, and their protection ensures the safeguarding of businesses from potential trademark infringements.

Protecting domain names under trademark laws helps businesses safeguard their distinct identity and prevent potential trademark infringements. It ensures that competitors cannot use similar domain names to confuse consumers or dilute the brand's reputation.

Domain names serve as the address for websites and play a crucial role in a business's online presence. They help customers locate and access the business's website, thereby enhancing visibility, brand recognition, and customer engagement in the digital landscape.