Protection of Trademark and Domain Names

Pages: 7 (1938 words) Published: August 24, 2013
Project Report: Draft
Protection of Trademark and Domain Names

Indian Institute of Management,
Lucknow

July 2013

Submitted to Prof. D. S. Sengar
By
GROUP 4

Vishwajeet Sinha (PGP29062)
Minerva Basumatary (PGP29063)
Ankita Baheti (PGP29064)
Ankit Singhania (PGP29065)
Thulasi Chandra Pamujula (PGP29066)

Table of Contents
1.Introduction3
1.1. Trademark3
1.2. Domain Names4
2.Methodology5
2.1. Textbook Reference5
2.2. Trademark Law articles analysis5
2.3. Case Based Approach5
2.4. Statistical Analysis5
2.5. Relevance of the report to contemporary manager5
3.Status of Trademarks and Domain Names7
4.Existing Laws on Trademarks and Domain Names8
4.1. A brief synopsis of the history of Indian Trade Marks Law:8
4.2. A brief synopsis of the procedure for protection of Domain Names in India:8
5.References:10
5.1. Printed Books10
5.2. Online Resources10

Introduction
Trademark
Trademark was reported to be used long back with swords crafted in Roman Empire. 1840-1870 was considered as second Industrial revolution across the world which gained momentum due to increase in adaptation of Industrial laws, during this era legalization of Trademark was enacted and used by many countries around the world like United Kingdom for industry00 named Brass Brewery as a Red Triangle(Trademark) which was renowned beer brand. In India, the law was passed in year 1940 and was known as Trade Marks Act, 1940.This law has a similar provision like the UK Trade Marks Act 1938 which was followed in England. The Trade and Merchandise Act, 1958 was revoked by the Trade Marks Act, 1999 and this is the current governing law related to the registered trademark. This law is administered by the Controller General of Patents, Designs and Trade Marks, a government agency which reports to the Department of Industrial Policy and Promotion (DIPP), under the Ministry of Commerce and Industry India. There have been a number of definitions given to the Trademark which varies from region to region and most common of it is as follows: “Trademarks identify the goods and services of particular traders. Signs that are suitable for distinguishing products or services of a particular enterprise from that of other companies are eligible for trade mark protection. These signs may consist of words, letters, numbers, pictures, or even colors or sounds.” It is important to note that currently it’s not possible to file and obtain a single trademark registration which will automatically apply around the world. Like any national law, trademark laws apply only in their applicable country or jurisdiction. Trademark is considered as non-physical asset of company. Whenever a customer enters a market to buy a product or service then his/her first criteria for purchasing will be recognizable trademark. Without knowing the actual procedure or operations utilized to build that product or service, consumers search for trusted trademark. And even sometimes consumers show blind faith in trademark because of the only reason that those trademarks are highly reputed. Many proprietors invest more on publicity of their trademark than on any other visible asset. This is because a well-publicized trademark often has value far beyond the physical assets of a company. A trademark sets a level of expectation in buyer’s minds and that level raises when manufactures builds reputation in the market. Moreover, some trademarks are estimated to be worth more than twice what they generate in annual sales because of the worldwide name recognition. Domain Names

Technically, domain names are used to find the Internet Protocol (IP) addresses of the computers connected in the internet. Domain names are introduced to eliminate the burden on the users from IP address of the website they want to visit. Typically, there exists multiple levels of domain name. The top level domain name is the part of the domain name after the last dot...
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