How do I protect domains from domain reverse takeover?

Started by Alex, Dec 06, 2022, 10:31 AM

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AlexTopic starter

The situation is like this - there are ~ 70 domains, 8 of them for current projects, the rest in the future. The zones are different - fr, in, com, de, etc. Verified - there is currently no trademark on the territory  that matches the domain names.
However, I have heard a lot about the reverse seizure of domains, i.e. when, after the publication of the project, a certain company submits an application for a TM with a text display that completely matches or more than 80% with the domain name.
The most common advice on domain name protection is trademark registration, but it is ~ $500. Somehow it's annoying to spend $500 for each developing domain name.

A lot of people say that it is now impossible to register TM if there is a domain with such a display (with such a name), also many say that in case of a dispute, the priority will be with the one who first registered the domain or TM . However, most lawyers say that TM in any case has priority regardless of the date of registration of the domain.

Can you tell me how you can protect a domain name from reverse capture by bypassing the registration of TM ?


Try to register TM for a domain (of course, so that there are no similar already registered vehicles), which costs $xхxx in the domain store)

Then, you will tell us: how it works and whether it works in principle:
0 (True). If there is one rule/laws for everyone, you will get it.
1 (False). If not, then there is no point even digging in this direction.
Binary logic.

In addition to TM , the law also protects the company's brand name (LLC). So, the easiest way to protect a domain with a good name is to create a legal entity with such a name, since according to the Civil Code  this name is protected, respectively, has priority over the domain name.
But it is quite difficult to compare the priority of TM and FN. I think judicial practice will be on the side of someone who has something fixed by law (FN or TM ) and has an earlier registration date.

You can also create a legal entity and squeeze out a domain with that domain name, and this is no longer fantastic, unfortunately.


What about the domain registration date and the trademark registration date?
It has just been written for a long time that if the first person registered the domain before the second registered the trademark, then the trademark rights can be sued from the second person, since chronologically the first person came up with the idea of such a name earlier, i.e. in fact it is the intellectual property of the first person.