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ARTICLE · 06 JULY 2010

Domain Name - Potential Trade Mark

Although the internet has been around for over a decade, the concept of 'Domain Name' is still an enigma to many.

IndiaIntellectual Property
Pooja Sharma
Pooja Sharma

INTRODUCTION: Although the internet has been around for over a decade, the concept of 'Domain Name' is still an enigma to many. From the average person's point of view, it is understood as the internet address belonging to any specific person or entity. Though this may seem easy to understand, conceptually, Domain Names are quite technical in nature. Domain name is a name given to the "Internet Protocol address" or in short 'IP address' of every computer having internet accessibility and is identified through a combination of numbers and for ease of identification, are allotted names.

A trade mark as defined under The Trade Marks Act, 1999 should be capable of distinguishing the goods or service of one from another and should be able to establish a connection or indication in the course of trade between the goods or services and the person claiming to have some right as proprietor for using the mark. Similarly, a domain name is required to be different

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