Hi there! I have a question that I'm interested in.

Let's say we take the name Maria as an example. When searching for trademarks containing this word, you will find a lot of different variations such as "Maria", "Maria Ivanovna", "Maria Brazgovskaya", "Santa Maria", "Radio Maria" and so on. This makes it a high-frequency name.

If I were to register a domain like truemaria.fr without knowing about all these existing trademarks, what would happen if my website becomes successful and attracts competitors?

Is it possible for those who own any of the trademarks containing "Maria" to sue me for using this domain, even if the trademark "Truemaria" or "True Maria" doesn't exist (and won't exist)?

Thank you for your help!

One instance is the "Maria-Ra" store chain, and another is the cucumaria algae, while a TV series named "Just Maria" has also been produced.

The outcome of a lawsuit rests on the choice of words and the plaintiff's capabilities. It ultimately hinges on the amount the opposing party is willing to expend. If their resources outnumber yours, they may initiate legal proceedings.

It's open to anyone.

The frequency is insignificant, and there's no legal definition of it. However, when it comes to trademarks, the idea of a "commonly used name" exists.

Achieving success in court hinges on observing the MCT classifications, registration timelines, and fair use. There are also some efforts being made towards UDRP and similar systems.

Nevertheless, unexpected verdicts are a common occurrence in Russian courts, making it necessary to consider this factor as well.

Acquiring a domain through the court can pose risks. The best case scenario is that your claim is simply retracted, but the worst case scenario is losing your trademark altogether.

If a trademark was previously used in a domain name and gained notoriety through the website, there's a chance of losing ownership of the trademark. It's important to note that domain disputes and trademark disputes are dealt with separately. Someone who legally owns a domain can contest a trademark by applying to the Patent Disputes Chamber. However, abusing ownership may lead to discretion risks.

It's not only domain owners trying to take away a trademark; the reverse process also occurs. If you don't use your trademark and the domain name owner can prove it, you'll lose your claim and the trademark will be cancelled. Additionally, your actions may be seen as signs of unfair competition if you use a trademark as a means to eliminate competitors from the market.

Trademark laws differ by country, but generally trademarks are protected within the specific goods or services categories for which they're registered. A person or company can potentially sue another party over alleged trademark infringement.

In your example, using "Maria" in a domain name such as truemaria.fr could potentially pose issues if there are registered trademarks that are very similar and pertain to the same goods or services categories.

Parties can also sue over trademark infringement if they believe the use of a particular mark is likely to cause confusion among consumers about the source, affiliation, or sponsorship of goods or services. So if your website starts making significant money and is becoming well-known, a company with a similar trademark could argue that consumers could erroneously believe that there is a connection or business relationship between your brand and theirs. This is called "likelihood of confusion" and is central to many trademark disputes.

However, in the instance you've shared, if your domain truemaria.fr is providing different goods or services than the existing trademarks, or if the existing trademarks aren't widely known or utilized in the same region or country as yours (i.e., France, as per the .fr in your example), this risk might be lower.

Additionally, there needs to be a distinction between descriptive or generic terms and distinctive trademarks. It can also be argued that "Maria" is a common name and might not meet the distinctiveness required for clear-cut trademark protection unless it's associated with a unique and specific brand identity.

For more reliable advice though, it's always best to consult with an attorney specializing in intellectual property rights, because the legislation and jurisprudence are complex and specific to each case and jurisdiction.

Please note that the legislation for domain names operates under different sets of rules from trademarks. Cybersquatting, for example, is a practice of registering, trafficking in, or using a domain name with bad-faith intent to profit from the goodwill of a trademark belonging to someone else. But just including a common name in your domain doesn't inherently mean it's cybersquatting.


To add more on this topic, one thing to note is the existence of The Uniform Domain-Name Dispute-Resolution Policy (UDRP) established by the Internet Corporation for Assigned Names and Numbers (ICANN). This policy provides a streamlined procedure for resolving certain kinds of disputes between domain name registrants and third parties, primarily disputes that involve claims of trademark infringement.

Under the UDRP, if a trademark owner believes that a domain name infringes upon their trademark, they can initiate an administrative proceeding. ICANN-approved dispute-resolution service providers, the most prominent of which is the World Intellectual Property Organization (WIPO), manage these proceedings.

The proceeding affords less expense and complexity than a traditional lawsuit. If the trademark owner is successful, the disputed domain name can be cancelled or transferred to the trademark owner. However, serious limits to relief are available; no monetary damages can be awarded, which differentiates UDRP from a traditional lawsuit where financial recompense can be sought.

In your specific question, companies with trademarks involving the name "Maria" could potentially bring a UDRP proceeding against you for the domain name truemaria.fr, but in order for them to succeed, they would generally need to prove:

The domain name is identical or confusingly similar to a trademark or service mark in which the complainant (the party bringing the claim) has rights;
You, as the domain registrant, have no rights or legitimate interests in respect of the domain name;
The domain has been registered and is being used in bad faith.
Since "Maria" is a common name, making a case – particularly the second and third points – might be more difficult for the plaintiff (the party filing the suit). Still, it is always advisable to seek out proper legal guidance when dealing with issues related to intellectual property rights, to minimise any associated risks.


Determining whether a trademark has been infringed upon or not isn't always a clear cut process. It would be uncommon for a company to take legal action against an individual or business simply using a common name like "Maria" in an unrelated field. However, if there are other elements that might create confusion among the consumers, it can present issues.

Detailing the points from UDRP a bit more:

Identical or confusing similarity: Here, visually and phonetically, your 'truemaria.fr' may seem different from, say, 'Radio Maria' or 'Santa Maria'. It can be argued that 'True Maria' has a different connotation and is not identical or even similar to the other trademarks containing 'Maria'. But again, it may depend on the good/service you are providing.

No rights or legitimate interest: If you are using the domain for a bona fide offering of goods or services, or if you are commonly known by the domain name within your community or certain circles, you may have legitimate interest in the name.

Registered and used in bad faith: This generally refers to practices where domains are registered with the intention to profit from the goodwill of an existing trademark. For instance, if someone feels that you are leveraging the popularity of a pre-existing 'Maria' trademark to gain clicks, visitors or revenue, they might be successful in arguing that you're acting in bad faith.

Regardless, each case is unique, and outcomes may vary greatly depending on the specifics of the situation, the jurisdictions involved, and the quality of the legal arguments made.

In order to protect yourself and minimize the risk for this kind of situation, it might be beneficial to conduct a thorough trademark search before registering your domain and building your brand. This way you can identify potential overlaps and take steps to avoid them.

When you register a domain, you're not just securing a piece of online real estate – you're also potentially infringing on someone else's trademark. If you're not careful, you could end up in a legal battle with someone who owns a trademark containing the word "Maria".

And let's be real, it's not like you're going to win a court case just because you registered a domain first. The trademark owners will argue that your domain is causing confusion and diluting their brand, and they'll probably win.