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Friday, August 11, 2006
Internet domain names as marks
By Clint Fabiosa & Andrew Ong
I protect
Can an Internet domain name function as and be registered as a trademark?
An Internet domain name can be registered as a trade-mark if it can make con-sumers identify and distinguish the goods or services of one manufacturer or provider from those offered by others. For it to be registered as a trademark, it should allow the consumers to identify the source of the goods or services.
For example, “www.jaguar.com” functions as a trademark when it is used as a website marketing cars. However, the said website does not function as a trademark when it displays photographs of jaguars in their habitat.
Simply registering a domain name through a registrar (such as Network Solutions or 4Domains.com) does not mean that the domain name is protected as a trademark.
Next week I.Protect answers the question: “If I use an Internet domain name which is the registered trademark of another entity, am I liable for trademark infringement?”
For Bisaya stories from Cebu. Click here. (August 11, 2006 issue)
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