Can you register a domain name as trademark?

The domain names of the companies are not merely representing the websites but also attain the status of the business identifier. But all domain name cannot be registered as trademarks.

A domain is a URL (website address) associated with an IP address which gives an online identity. For example, "Quickcompany.in" is a domain name. 'Quickcompany' is the unique name and '.in' is the suffix. The numerous common suffixes including:

Domain names unfit for trademark registration

There are certain restrictions while registering a domain name as a trademar.

  • any domain name that does not represent any goods or services
  •  if the domain name is just an address for a website stands unfit for being registered as a trademark
  • standard domain names or terms used in a broader sense also lie unfit for registration as trademarks.

When does a domain name qualify as a trademark?

A trademark is any icon, figure, or a combination of these used to symbolise a product. Therefore, a trademark can be defined as a business symbol that acts as a slogan of the company. Usually, common and generic names are disqualified for trademark protection. A domain name qualifies as a trademark if:

  • it is distinctive in nature
  • the domain owner must be the first to use it
  • it conveys the association with the goods and services

How to claim your domain name for a trademark?

Domain name trademark registration enables the owner to protect the domain name against infringement.

Conduct TM Search

Search the trademark to ensure the availability of the domain name for trademark registration. If it's available, then you can apply for the registration.

TM Form Filing

Application for registration can be filed through electronic mode by means of TEAS (Trademark Electronic Application System). This, in turn, makes the day of the submission of application the first day of the trademark usage.

Examination

After the application has been filed in the trademark office, the domain name will be tagged as waiting in the database. It might take a year or so for the trademark office to process the application.

Reply

In case of any issues, you will receive a letter from the office stating the reason behind it. You need to file a reply within 30 days from the date of communicating the examination report.

Opposition (if any)

The registrar releases a notice publically revealing your mark for opposition through official Gazette notification. Before the official release, you will receive a notice regarding the release of the Gazette.

Certificate of Registration

After observing no objection and opposition, you’ll be granted a certificate validating your registration.

 

Trademark vs Domain Name

Trademarks and domain names may be similar, but both the terms have specific differences. The below table set out the key differences between the trademark and domain name:

Trademark

Domain Name

Trademark registration provides the exclusive right of a particular mark.

A domain name provides the benefit to use and protect the name online.

A trademark is any icon, figure, or a combination of these used to symbolise a product. Therefore, a trademark can be defined as a business symbol that acts as a slogan of the company.

On the other hand, a domain name is a URL (Uniform Resource Locator) on the w3c (World Wide Web Consortium). But not all domain names are fit for trademark registration.

 

Multiple companies can share the similar trademark. For example, Delta Airlines and Delta Faucets.

Domain names are unique. Multiple websites cannot share the same domain name.

Trademark protects the specific class of goods.

While it covers all the goods and services associated with the domain name.


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