Question about trademarks

Started by fix.97, Jul 16, 2022, 01:30 AM

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fix.97Topic starter

Good day!

Please tell us which rights has the owner of a domain, registered before trademark registration was.

And if the domain contains a combination that is not common in speech, but was registered before TM, can it be taken away through the court?
Share information if you have something on this topic.


In any case, if the domain contains TM, then it is recommended to refrain from a "project" for the TM class, as well as from a stub/parking lot with the inscription "For Sale".
You can make a non-thematic TM content "project" - in this case, there is less chance that you will bring yourself to justice.


By registering your rights to a domain name as a trademark, you get the opportunity to prohibit third parties from using similar words and phrases, and you get an effective tool to combat those who like to copy-paste successful other people's projects.


If you have registered the name of the website and the trademark of the same name, competitors do not have the right to set up advertising campaigns in search engines for your brand query.
That is, if someone enters your name into  Google search bar, they will only see you.

And if the trademark is not registered, people will enter your name in the search bar, and see competitors' ads at the very top. Customers will leave. If your site is registered, but competitors still run ads for your brand queries, you can claim a large compensation.

if you sell products of any brand, then you cannot use a name similar to its registered trademark for your online store. Including as a domain .
Only the copyright holder (trademark owner) can determine who can use it and how. In this case, the absence of a ban is not considered consent (permission).
Law recognizes a domain name as one of the ways of addressing on the Internet. As a method of addressing, a domain name is a means of providing technical access from a remote computer to an Internet website, as well as a way of providing information.

Therefore, if you use a part of a registered trademark in a domain, there is a risk that you may lose it.
But here you need to remember that:
only a court can deprive you of a domain name (in fact, your property);
in court, you can prove that you do not violate the rights of the copyright holder with your domain name.