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. Introduction 3 1.1. Trademark 3 1.2. Domain Names 4 2. Methodology 5 2.1. Textbook Reference 5 2.2. Trademark Law articles analysis 5 2.3. Case Based Approach 5 2.4. Statistical Analysis 5 2.5. Relevance of the report to contemporary manager 5 3. Status of Trademarks and Domain Names 7 4. Existing Laws on Trademarks and Domain Names 8 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 Books 10 5.2. Online Resources 10
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 The Trade and Merchandise Act, 1958 was revoked by the Trade Marks Act, 1999 and this is the current governing law related to the registered trademark.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