What to do with domains, that includes TMs?

Started by virtuatechnologies, Jul 20, 2022, 05:27 AM

Previous topic - Next topic

virtuatechnologiesTopic starter

Hi.
For our project, we purchased domains with TMs in their composition, later it was decided to use their own name as a domain.
 Registered domains are out of work, at least not yet clear what to do with them. But also, more importantly, colleagues feel some anxiety about owning a domain with TM in it.
I ask you for advice: what to do, keep the domains and not worry or try to sell them (by the way, there was already one attempt to do this, but then the sale was suspended until the legal aspect was clarified).
  •  

rajan

Surely, if you are a restless person, then it is worth worrying about and not only about domains.

Even if there were no TM in your domains, then in a year they could appear.
As practice has shown, the presence in the domain of such names as factory, auto, ark (common) is already a reason to worry.
Register your TM by domain name - and then there will be less worries, but still you won't have to completely calm down, because your competitor can also register such word - and sue you.
  •  

Beaker

Trademark owner may apply for protection of his rights, including to the court, if he considers that the use of a designation in a domain that is identical or confusingly similar to a trademark belonging to him violates his rights.
In that case, the court will thoroughly examine the case materials, including: establish whether the domain is identical or confusingly similar to the trademark; determine whether the owner of the domain name has any legitimate rights and interests in relation to the domain ; and also establish whether the domain name is used in bad faith.

Also, to prevent conflict situations, persons registering or acquiring domains may be advised to check the availability of protected rights of third parties to trademarks before performing these actions.
  •