Brandprotection - Domain Names and Trademarks

[DragonADR]

Hi,
we are offering Trademark Registration for Europe and US since some time now. This service is mainly used by businesses protecting their Product or Company Names, but not that much by Domain Name owners. I was wondering why? As Domain Names are getting rare Domain Names should be protected, every Trademark Holder may require his Domain, so there should be an interest in protecting the Name? Specially if the registration of a Trademark is not that expensive or complicated to get, companies like tmservices.eu, Eurimark.com or even us are providing such services.

 

[exsedo]

Hi,
Correct me if I'm wrong. To have a trademark, you have to apply it to a product or service.
But a domain name is an undeveloped internet address, so how can you trademark it ?

 

[DragonADR]

You could register it with the classes related to Internet activity. That's mainly what you are doing.

 

[exsedo]

So you dont have to be an up and running business, you can trademark for future intended use ?

 

[DragonADR]

Yes, in case of the ECTM you have to use it within 5 years of registration.

 

[exsedo]

Ok,
thanks for the info.

 

[Ronald Regging]

Most domainers barely have the money to acquire the domains in the first place, let alone pay for TM registration on possible future use for each domain. Also, the main intent is to buy and sell domains, so future use is someone else's concern. Actual development on domains by domainers is minimal. And "internet activity" sounds rather vague and unenforceable across the board. Domains usually fall into a specific industry or class as far as what they could be used for. If I had registered BrandMonitor.com, acquired a TM for "internet activity," then 3 years later a company files a TM for BrandMonitor as a brand monitoring service, there's probably little I can do to stop them from getting it. I can't show first use in that class, so essentially they get the TM and my original intended use is no longer an option. Maybe that's not the best example, but essentially, unless you have an actual product or service that fits into a specific class, I don't see how you could even get a TM or expect to be protected across the board.

 

[DragonADR]

Ok, I will think about this. Thanks for all of your input.