Legal Service India - Protecting Domain Names as Trade Marks
law  in India

Protecting Domain Names as Trade Marks

Written by: Prashant Katara - 4th Year Student B.A.L.L.B, Symbiosis Law School, Pune
click here for LIVE help-desk
Chat with us  (2 PM - 9 PM IST)
Legal Advice | Find a lawyer | Constitutional law | Judgments | forms | PIL | family law | Cyber Law | Law Forum | Income-Tax | Consumer laws | Company laws
Search On:laws in IndiaLawyers Search

Copyright Online in India
Right from your Desktop - Ph no: 9891244487

Home \ Trademarks Law

Articles | Articles 2014 | Articles 2013 | Articles 2012 | Articles 2011 | Articles 2010 | Articles 2009 | Articles 2008 | Articles 2007 | Articles 2006 | 2000-05

A recent U.K. case has confirmed that the trade mark EASY.COM is registerable and not descriptive.

The Opposition
EasyGroup IP Licensing Limited applied in the U.K. to register the trade mark EASY.COM in association with a wide range of services including advertising, business administration, financial services and electronic mail services. Easynet Group Plc opposed the application on the grounds that the applied for mark was devoid of distinctive character and/or descriptive contrary to the U.K. legislation. The Hearing Officer dismissed the opposition.

The Appeal

Easynet Group Plc appealed to the High Court of Justice. They argued that where a mark is composed of two descriptive components, it cannot be registered without finding that there was something special or unusual concerning the combination.

On appeal, it was assumed that each of the elements of the mark was descriptive and was not registerable. However, the correct approach was to look at the mark as a whole in order to see whether it is descriptive and in particular, to see whether the mark as a whole produces something that is more than the mere sum of its parts. It is the overall assessment that matters. The Court then concluded that the Hearing Officer had adopted the correct approach and correctly found that the mark was registerable.

The Canadian Position

Under the Canadian Trade-marks Act (the “Act”), a mark is not registrable if it is clearly descriptive of the character or quality of the wares or services in association with which it is used or proposed to be used. In a number of cases it has been decided that merely joining together two descriptive words to form a single word is not sufficient to avoid the prohibition. In each case, the first impression created by the trade mark, whether depicted, written or sounded, must be taken into consideration. A trade mark may be registrable as a whole although it includes words that are clearly descriptive.

Practice Note
A domain name that satisfies the registrability requirements of the Act and is used as a trade mark may be protected as a trade mark. While it can be difficult to obtain a registration for a domain name that is descriptive in nature, the mark as a whole should be considered, not just the components.
 

For Trademark Registration Contact Ph no: 9873628941

The author can be reached at: prashant.katara@legalserviceindia.com / Print This Article


Registration of Unconventional Trademarks:
A trade mark may be a word signature, name, device, label, numerals or combination of colours used by

Trade Mark Law in India and Its Violation:
trademark is one of the elements of Intellectual Property Right and is represented by the symbol TM or ®

Trans border reputation of Trade Marks:
international reputation of trade marks. It states that if a trade mark is not registered or used in a country

Protecting Trade Marks:
India has seen a rapid growth in its economic structure and one of the major reason being the global presence of the India

Use of Trademark In Comparative Advertising: India enacted its new Trademarks Act 1999 (the TM Act) and the Trademarks Rules 2002, with effect.

Intellectual Property: Having ownership of intellectual property rights in a product gives one certain exclusive rights to do things with the product. Generally.

Section 25 of The Trade Marks Act, 1999: The present paper deals with the nature of the sending of notice by the Registrar under section 25 of the Trade Marks Act, 1999 enacted by the Parliament of India

Lawyers

Lawyers Search

• Find a lawyer
• Know your legal options
• Information about your legal issues

File Mutual Consent Divorce

Right Away
Call us at Ph no: 9650499965
Copyright Registration Online Right from your Desktop...
*Call us at Ph no: 9891244487

Legal Advice

Get legal advice from Highly qualified lawyers within 48hrs.
with complete solution.

    Your Name                Your E-mail
          

Legal Service India

lawyers in Delhi
lawyers in Chandigarh
lawyers in Allahabad
lawyers in Lucknow
lawyers in Jodhpur
lawyers in Jaipur
lawyers in New Delhi
lawyers in Nashik
Contract laws
Protect your website
Army law
lawyers in Mumbai
lawyers in Pune
lawyers in Nagpur
lawyers in Ahmedabad
lawyers in Surat
Faridabad lawyers
Noida lawyers
lawyers in Dimapur
Trademark Registration in India
Woman issues
Famous Trials
lawyers in Kolkata
lawyers in Janjgir
lawyers in Rajkot
lawyers in Indore
Gurgaon lawyers
Ghaziabad lawyers
lawyers in Guwahati
Protect your website
Law Colleges
Legal Profession
Transfer of Petition
Lawyers in India - Search by City legal Service India
lawyers in Chennai
lawyers in Bangalore
lawyers in Hyderabad
lawyers in Cochin
lawyers in Agra
lawyers in Siliguri
Lawyers in Auckland
Cause Lists
Immigration Law
Medico Legal
lawyers in Dhaka
lawyers in Dubai
lawyers in London
lawyers in New York
lawyers in Toronto
lawyers in Sydney
lawyers in Los Angeles
Wills
Cheque bounce laws
Lok Adalat, legal Aid and PIL

About Us | Privacy | Terms of use | Juvenile Laws | Divorce by mutual consent | Lawyers | Submit article | Lawyers Registration | Sitemap | Contact Us

legal Service India.com is Copyrighted under the Registrar of Copyright Act ( Govt of India) © 2000-2015
ISBN No: 978-81-928510-0-6