Domain Names and trademarks have similar characteristics as both can operate as a distinctive sign, identifying a company in the market. Nevertheless, both rights are registered separately via different organizations. Hence, conflict may arise when an undertaking registers a domain name that is identical or similar to an existing trademark.
In order to equip IP right holders with quick, effective tools to enforce their rights, the Delhi High Court has communicated that Domain Name Registrars must implement a cancellation mechanism allowing trademark owners to object against the registration granted to any domain name.
Notwithstanding the results of such expedited procedure, Justice Pratibha M Singh added: “If the cancellation/suspension/transfer as sought is not agreed to through the said mechanism, then the IP owner can avail of its remedies in accordance with law”.
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- Publication date
- 20 July 2022