Did you know: domain name registration is no substitute for trademark registration?

Labeled as discuss in Legal Discussion, started by koolishman, Jul 4, 2020


  1. koolishman

    koolishman Upgraded Member Blue Account

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    A trademark (eg, GEVERS) is an IP right which can be defined as a sign that is used to identify the origin of products or services from one undertaking as opposed to the products or services of another undertaking ('origin function'). Essential conditions for trademark protection include distinctiveness (ie, a mark's capacity to fulfil this origin function) and non-descriptive character in relation to (for example) the nature, characteristics and main purpose of the relevant goods or services, as well as the trademark's availability on the market. Rights holders have the exclusive right to object to any infringement by a third party.

    Unlike a trademark, a domain name (eg, '') is a contractual right which is primarily used to identify a website. In most jurisdictions, it cannot serve as a basis to oppose the commercial use of a sign or the registration as a trademark of a sign that is contained in a domain name (eg, GEVERS). In short, the exclusive character of a domain name holder relates and is limited to the domain name as such.

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  2. Top Contributor VIP Gold Account

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    It is true that the society now has domain names and trademarks

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