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ARTICLE · 13 DECEMBER 2023

Domain Names As Trademarks: Beyond URLs

J.P. Associates
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Intellectual property rights, inter alia, secure the exclusive rights that individuals obtain upon having generated anything by way of employing their intellect.

IndiaIntellectual Property
Swati Agrawal
Swati Agrawal
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MEANING AND FUCNTIONS OF TRADEMARK

Intellectual property rights, inter alia, secure the exclusive rights that individuals obtain upon having generated anything by way of employing their intellect. In the commercial world, a trade mark acts as pillars of distinction, enabling businesses to safeguard their unique identity in an increasingly cutthroat market.

Section 2(1)(zb) of the Trade Marks Act, 1999 defines the term 'trade mark' as a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include shape of goods, their packaging and combination of colours.

In a nutshell, the functional characteristics of a trade mark include:

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