Bhagya 17 June 2016

Domain name vs trademark

The advent of internet introduced the world to numerous virtual possibilities. From communicating online it has become possible to conduct a business online. In order to access any site on the internet, you need a domain name. A domain name is nothing but an IP address that enables a person to find a site on the internet.

In the contemporaneous times, a domain name has assumed more significance than just an IP address. With a flourish of online commercial activity, a domain name now performs the role of a business identifier. It serves as a point of identification about the business for the people who seek to access a particular site for that business. For example,www.freshmenu.com is a domain name. The word fresh menu in the domain name serves the purpose of identifying the business. The IP address, therefore, is no longer just the means of getting to a site, it serves to identify the business to which the domain name belongs to. In other words, it is an online identity.

To read more, please visit Domain Name Vis-à-vis Trademark Registration

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Thanks for the info.

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Thanks for the info.

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Thanks for the info.

Kapila Tanwar 05 September 2017

Trademarks are inherently associated with brand identity and brand value, it is not surprising that a lot of people, laymen and businessmen included, think it is the same as a business name. Also interchangeably known as ‘trade names’, business names/ domain names have often been misunderstood as granting complete legal protection to all trade-related aspects of the company, including the said business name and/or logo, sign, symbol or any other feature the company might be using as a trademark to sell their products/services without getting the same registered.

Let us walk through the key differences between the two terms, both in meaning and purpose:

Meaning

A business/trade/company name is simply a name or a way to help identify a business, an entity or an individual. It is the official name under which the said entity or individual chooses to do business.

A trademark is a word, phrase, logo, symbol, design, colour or a combination of one or more of these elements that distinguishes one company’s products/services from that of another.

Purpose

Business registration is necessary to first establish the identity of the business/company as a separate legal entity that will allow the company to enter into contracts, conduct sales, advertise, get into partnerships, file tax returns and perform a variety of other business activities.

Trademark is essentially to aid the consumer in identifying the actual source of such goods/services and protecting the brand name goodwill associated with the same.

Limitations to use

A brand name is granted protection by the state within the confines of the state alone, and its registration does not prevent the use of the same or similar business name in a different state, more so if such usage occurs with respect to a different field or industry.

Trademark is that intangible property you have exclusive rights over that can protect your brand identity by “legally establishing that your mark is not already being used, and provides government protection from any liability or infringement issues that may arise.