Definition: A domain name is a mark which is a user friendly substitute for an Internet address.
The provisions of Trademarks Ordinance 2001 apply to domain names subject to the provisions of the Third Schedule.
Requirements for registration
A domain name if used as a source identifier may be registered as a trade mark in respect of relevant goods or services.
The applicant for registration of domain name shall show that he offers goods or services via internet using the domain name. such evidence shall be in the form of specimen showing use of the domain name as a source identifier.
Explanation – For the purposes of this para, use of a domain name shall be taken as source identifier if it is used on internet to distinguish goods or services of one undertaking from the other provided that use of a domain name as a mere directional reference, similar to use of a telephone number or business address shall not be taken as use of the domain name as a source identifier.
Provisions may be made by rules for further identification and classification of computer related services associated with internet.
Indication of geographical origin
Notwithstanding the provisions of clause (c) of sub-section (1) of section 14, a domain name may be registered which consist of marks or indications which may serve, in trade, to distinguish the geographical origin of the goods or services.
Domain name not to be misleading as to character or significance- (1) A domain name shall not be registered if the public is liable to mislead as regards the character or significance of the mark, in particular, if it is likely to be taken to be something other than a domain name.
The Register may, accordingly, require that a mark in respect of which application has been made for registration include some indication that it is a domain name.
Notwithstanding the provisions of sub-section (7) of section 27, an application may be amended so as to comply with any such requirement.
Procedure for acceptance, opposition and registration
The provisions of this Ordinance for acceptance, registration and opposition as they apply to trade mark shall also apply to the domain names.
Term of registration and renewal
Notwithstanding the provisions of section 32 and 33, a domain name shall be registered for a period of five years form the date of registration and may be renewed for further periods of like term, as long as, the domain name is in actual use on internet.