Hello!

Could you provide information on the rights of a domain owner in a scenario where the domain was registered before trademark registration? Additionally, if a domain includes a unique combination that was registered prior to the trademark, can it be legally removed? Please share any insights you have on this topic.

Regardless of the circumstances, it is advisable to avoid using a TM in a domain, as well as setting up a landing page or parking lot with the phrase "For Sale." Instead, consider developing a non-thematic content project to reduce the risk of legal action being taken against you.

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 register a website name and its corresponding trademark, competitors are prohibited from using your brand query in their search engine advertising campaigns. This means that when people enter your name into the Google search bar, they will only see your website.

However, if your trademark is not registered, customers who search for your site via brand queries may see your competitors' ads at the top of their search results. Your customers may go to your competitors instead, resulting in a loss of business for you. If your website is registered, but competitors still run ads for your brand queries, you may be entitled to a large compensation.

If you sell products for a particular brand, you cannot use a similar name to the brand's registered trademark without permission from the copyright holder (trademark owner). A domain name is recognized as a means of addressing on the internet, providing technical access from a remote computer to an internet website.

Therefore, using a part of a registered trademark in your domain name can put your ownership of the domain at risk. However, it's essential to remember that only the court has the power to strip you of your domain name, which is your property. In a court of law, you can demonstrate that you do not violate the rights of the copyright holder with your domain name.

When a domain is registered before a trademark is filed, the domain owner has a legitimate claim to the domain, known as "prior use" or "seniority." This means that the domain owner has the right to continue using the domain, even if a trademark is later filed for the same or similar name. In other words, the domain owner has established a legitimate interest in the domain, which takes precedence over any subsequent trademark claims.

However, this doesn't mean that the domain owner has absolute rights to the domain. If a trademark is filed and the domain owner is found to be using the domain in bad faith (e.g., to profit from the trademark owner's reputation), the trademark owner may be able to successfully challenge the domain owner's rights. This is known as a "cybersquatting" case, where the domain owner is accused of registering the domain with the intention of selling it to the trademark owner or disrupting their business.

Now, let's address the scenario where a domain includes a unique combination of words or characters that was registered prior to the trademark. In this case, the domain owner may still have a legitimate claim to the domain, even if the trademark owner argues that the domain is "confusingly similar" to their trademark. The key question in these cases is whether the domain owner has established a legitimate interest in the domain, separate from the trademark.

In some cases, the domain owner may be able to demonstrate that the domain was registered in good faith, without knowledge of the trademark, and has been used consistently and continuously since registration. This can be a strong argument in favor of the domain owner's rights. On the other hand, if the domain owner has registered the domain solely to profit from the trademark owner's reputation or to disrupt their business, this could be seen as bad faith use, and the trademark owner may have a stronger case.
In terms of removal, it's unlikely that a domain can be legally removed solely because it includes a unique combination of words or characters that was registered prior to the trademark. As mentioned earlier, the domain owner has a legitimate claim to the domain, and the trademark owner would need to demonstrate bad faith use or a likelihood of confusion to successfully challenge the domain owner's rights.