How do I protect domain names from domain reverse takeover?

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

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AlexTopic starter

About 70 domains currently exist, with 8 being used for ongoing projects and the remainder for future ones. These domains are registered under different zones such as fr, in, com, de, among others. As of now, there are no trademarks that match any of the domain names in the area.
However, reverse domain seizure is a concern - this occurs when a company applies for a trademark after a project has been published, consequently matching or partially matching an existing domain name. Trademark registration is recommended for domain protection, but this can cost around $500 which is a significant amount to spend on each developing domain name.

Despite some claims that it is impossible to register a trademark if there is already a registered domain name with the same display or name, most lawyers assert that the trademark would have priority over the domain name even if the domain was registered first.

With that being said, there are alternative methods for protecting domain names from reverse capture without having to register a trademark. These methods may include constantly monitoring the use of the domain name, keeping records of its usage, among others.


To secure a domain, you can attempt to register a trademark for it as long as there are no similar trademarks already registered. This can be achieved by paying $xхxx at the domain store, after which you will determine if the process is feasible and how it operates.

The success of obtaining the trademark depends on whether or not there is a uniform rule/law that applies to everyone. If such a law exists, then registering a trademark will be possible. However, if no such law is in place, then pursuing this direction would be pointless according to binary logic.

Aside from trademark protection, the company's brand name (LLC) is also safeguarded by the law. Therefore, creating a legal entity with the domain name's name is a simple method to protect a domain with a good name since according to the Civil Code, this name is protected and has priority over the domain name.

However, comparing the priority of trademarks and brand names is challenging. In case of a dispute, who has something fixed by law (brand name or trademark) and an earlier registration date will likely have the advantage.

Unfortunately, it's no longer unheard of to create a legal entity and claim a domain with that name.


The question remains: how does the registration date of a domain compare to that of a trademark in legal terms?

There's been a common notion that if someone registered a domain before another party established the trademark, then that party could sue for trademark rights. This is because the first person to register the domain came up with the name earlier, making it their intellectual property.