Knowledgebase

Trademarks and Domain Disputes Print

  • domainnames, domain, guide, howto, solution, zillionkinghost, hosting, support
  • 0

Registering a domain does not grant you rights to a name, and holding a trademark does not automatically grant a domain.

HOW DISPUTES ARISE

A domain closely matching an existing trademark, registered by someone else, can be challenged through a dispute procedure such as UDRP for generic extensions, or the equivalent for country-code extensions.

A complainant generally must show the domain is identical or confusingly similar to their mark, that the holder has no legitimate interest in it, and that it was registered and used in bad faith.

WHAT THIS MEANS PRACTICALLY

Do not register a domain containing someone else's brand name expecting to sell it to them. That is the clearest case of bad faith and typically results in losing the domain and the fees spent.

Be careful with names close to established brands even innocently. A dispute is expensive to defend even when you are right.

PROTECTING YOUR OWN NAME

Register the obvious variants and extensions of your brand. If your brand matters commercially, consider registering the trademark. Monitor for close variants being registered by others.

IF YOU RECEIVE A COMPLAINT

Take it seriously and take advice. Ignoring a formal dispute usually results in losing by default. We can tell you the registry's process but cannot advise on the merits.


Was this answer helpful?
Back

Are you happy with your experience? Leave us a review on Trustpilot.


Trustpilot