THIRD SCHEDULE: THIRD SCHEDULE

THIRD SCHEDULE [See section 84(2)] DOMAIN NAMES 1. General.___The provisions of this Ordinance shall apply to domain names subject to the provisions contained in this Schedule. 2. Requirements for registration.___(1) A domain name if used as a source identifier may be registered as a trade mark in respect of relevant goods or services. (2) 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 showi ng use of the domain name as a source identifier. Explanation.___For the purpose 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. (3) Provisions may be made by rules for further identification and clas sification of computer related services associated with Internet. 3. Indication of geographical origin.___(1) Notwithstanding the provisions of clause (c) of sub-section (1) of section 14, a domain name may be registered which consist of marks or indicati ons which may serve, in trade, to distinguishing the geographical origin of the goods or services. (2) The proprietor of such a mark shall not be entitled to prohibit the use of the marks or indications in accordance with honest practices in industrial or commercial matters, in particular, by a person who is entitle to use a geographical name. 4. Domain name not to lie misleading as to character or significance. ___(1) A domain name shall not be registered if the public is liable to be 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. (2) The Registrar 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. (3) Notwithstanding the provisions of sub-section (7) of section 27, an application may be amended so as to comply with any such requirement. 5. Procedure for acceptance, opposition and registration.___The provisions of this Ordinance for acceptance, registration and opposition as they apply to trade marks shall also apply to the domain names. 6. Term of registration and renewal.___Notwithstanding the provisions of sections 32 and 33, a domain name shall be registered for a period of five years from 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. 7. Provisions of section 73 not to apply to domain names.___The provisions of section 73 shall not apply to domain names. 8. Rules.___Provisions may be made by rules for further identification and classification of computer related services associated with Internet.

Effective date: 2001-01-01

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