A registrable trademark must be able to differentiate between the products or services of one person and those of another. In the age of technology the proprietor of a registered trade mark has to take some safeguards to
CS Professional · Intellectual Property Rights - Law and Practice · PYQS · June 2024
A registrable trademark must be able to differentiate between the products or services of one person and those of another. In the age of technology the proprietor of a registered trade mark has to take some safeguards to protect his rights. A domain name is a unique name that identifies a website. It was intended to provide specific address on the internet. The internet has however developed from a mere means of communication to a mode of carrying on commercial activity. Domain names are more than just addresses, since they can be selected by the 'addressee' and are usually closely associated with a particular service or product. The value of domain names cannot be under estimated. Recent statistics indicate that most expensive domain names [Cars.com) and (Voice.com) were sold at a price of ₹872 million and as well as ₹30 million in 2019. It is common-place for traders to have their electronic mail address and use the same in respect of their goods/services as trade name. In other words, the domain name is being used as a trade name or trademark. The Registrar subject to the usual criteria of the Act, permits domain names to be registered as trademarks if otherwise registerable. Elements of the domain name such as '.com' or '.co.in' are considered to be totally non-distinctive, much in the same way as 'Ltd' and 'Ple': Questions: (e) Registrar may permit the registration of trademarks which are identical or similar in respect of the same or similar goods or services, irrespective of the fact that any such trademark is already registered or not. Explain.
Answer & Explanation:
Answer 3(e) To all the relative grounds of refusal, the Trade Marks Act, 1999 allows one exception in Section 12. As per Section 12 in the case of honest concurrent use, or of other special circumstances which make it proper so to do, the Registrar may permit the registration of trademarks which are identical or similar in respect of the same or similar goods or services, irrespective of the fact that any such trade mark is already registered or not. This is done so if in the opinion of the Registrar it is proper so to do in favour of more than one proprietor of trade mark. In such an event the Registrar is empowered to impose such conditions and limitations, as he deems fit. The provisions establish the superiority of trade mark rights acquired by use.
Topics: Trademarks
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