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Do domains with trademarks render higher value?

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Yes, they do. Domain Name News (March 2025) has an interesting article on the legality of registering domains without considering the trademark. The same issue also highlighted that the Korean Internet & Security Agency (KISA) offered a priority registration period for Korean trademark holders from 3 December 2024 until 17 January 2025, during which time these holders could apply for domain names identical to their trade mark.

Some key takeaway points:

  • Generally, trademarking adds value and prioritization.
  • Consider whether the domain name is identical or confusingly similar to a trademark in which the trademark owner has rights.
  • Avoid registering domains that include trademarks or brand names you do not own. Doing so can result in legal action under trademark law or through the Uniform Domain-Name Dispute-Resolution Policy (UDRP).
  • The UDRP panel is not a general domain name court and that the scope of the UDRP is narrow and applies to a particular type of abusive registration arising from cybersquatting, rather than from domain names registered during business disputes.

NOTE: To be successful in a complaint under the UDRP, a complainant must satisfy the following three requirements: 1)The domain name registered by the respondent is identical or confusingly similar to a trade mark or service mark in which the complainant has rights; and, 2) The respondent has no rights or legitimate interests in respect of the domain name; and 3) The domain name has been registered and is being used in bad faith.

Source: Domain Name News: March 2025, Anchovy News

This is my first article here to try to add value to the group. I’m open to comments and feedback on how to package a trademark and domain name sale.
 
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The views expressed on this page by users and staff are their own, not those of NamePros.
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Yes, they do. Domain Name News (March 2025) has an interesting article on the legality of registering domains without considering the trademark. The same issue also highlighted that the Korean Internet & Security Agency (KISA) offered a priority registration period for Korean trademark holders from 3 December 2024 until 17 January 2025, during which time these holders could apply for domain names identical to their trade mark.

Some key takeaway points:

  • Generally, trademarking adds value and prioritization.
  • Consider whether the domain name is identical or confusingly similar to a trademark in which the trademark owner has rights.
  • Avoid registering domains that include trademarks or brand names you do not own. Doing so can result in legal action under trademark law or through the Uniform Domain-Name Dispute-Resolution Policy (UDRP).
  • The UDRP panel is not a general domain name court and that the scope of the UDRP is narrow and applies to a particular type of abusive registration arising from cybersquatting, rather than from domain names registered during business disputes.

NOTE: To be successful in a complaint under the UDRP, a complainant must satisfy the following three requirements: 1)The domain name registered by the respondent is identical or confusingly similar to a trade mark or service mark in which the complainant has rights; and, 2) The respondent has no rights or legitimate interests in respect of the domain name; and 3) The domain name has been registered and is being used in bad faith.

Source: Domain Name News: March 2025, Anchovy News

This is my first article here to try to add value to the group. I’m open to comments and feedback on how to package a trademark and domain name sale.
 
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A registered trademark can protect things like the following:
  • Clever and catchy names to describe your products and services
  • Distinctive visual identifiers, such as words and logos
  • Promotional materials such as slogans and jingles
Over time, trademarks come to stand not only for the goods made or the services rendered, but also for your reputation and brand in the marketplace.

Registering a domain name or incorporating a business does not give you trademark rights.

Source: Canadian Intellectual Property Office
 
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