13/08/2026
Can someone else trademark your brand name even if you already own the domain?
Yes, owning a domain name does not automatically give you trademark rights over the brand. A domain mainly gives you control over a web address, while trademark law deals with protecting a brand name, logo, or other mark in relation to specific goods or services. In India, trademark registration can provide important statutory protection, while prior use and passing-off rights can also become relevant depending on the circumstances.
So before you spend heavily on your website, packaging, advertising, Instagram presence, and branding, check the trademark position of your name. Buying the domain first may secure your online address, but it does not necessarily secure the brand itself. A proper trademark search and timely filing can help reduce the risk of expensive rebranding or legal disputes later.
Would you check the domain first or the trademark first?
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CREDITS AND DECLARATIONS:
* Published under cRadle and bAr's IP Awareness Programme.
* Protection Notice: Trademark(s), artistic work(s) and content are legally protected.
* The human figure(s) depicted have been imaginatively created using digital resources. Any resemblance to actual persons, living or deceased, is purely coincidental.
* The visuals and content are for representational purposes only and may not reflect the exact statutory language.
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