First defining a domain name :
A domain name is the textual address for easily connecting an address of a website or an email address on the Internet. The purpose of the domain name is that it can have a strategic advantage in the recognition of a company or entity. In the same way as the brand, it allows to convey the image on the internet. It is for this reason that a domain name has a market value.
It is not uncommon nowadays to find disputes between trademark owners and people filing a domain name. The acquisition of these is based on the “first come, first served” rule. It is not uncommon for some people to register domain names in order to speculate on brand awareness; A technique called “cybersquatting”.
Although the laws have evolved, some small companies can not afford to play the case law if cybersquatting is not proven. Indeed, the laws on the use of a domain name attached to a website are still very vague on the subject.
Introduction to brands
Brand, whether of factory, trade or service; Is the legal name that allows to have an exclusive right on the use of a material sign in one or more fields of activities. It thus makes it possible to obtain rights which can lead, by decision of a judge; Obtaining damages in case of injury.
The principle of filing a trademark must be that it does not affect other rights previously filed. It should not be mistaken with a brand already filed both sounding and visually. It is therefore mandatory to conduct a search, which can be paid so thorough, for the activities that the brand wants to work.
Difference and recommendation:
When you want to register a domain name, it is important to check that it does not conflict with any trademark or trademark. If this is the case, if there is a risk of confusion in the public mind and the registrant of the domain name may be sent to court by the owner of the mark because if there is confusion in the mind of the public insofar as the domain name was filed prior to the creation of a trademark and that it is the object of an effective exploitation on the network, the owner of the mark remains a priority and may become the owner of the domain name in the event of a court seizure.
It should be noted that before registering a domain name; You need a check to see if it does not affect a trademark already registered. Even if you choose a different extension, you will remain illegall in court. If you are the custodian of a trademark and to avoid cybersquatting; It is strongly recommended to register the most famous extensions to avoid unpleasant surprises. Remember, even if a domain name is not used or exploited; It remains legally the property of a registered trademark even if registered previously.
Source : nindohost