Chinese Domains and Trademarks

[deez007]

FYI - Very interesting indeed!

Unlike for trademarks, there is no concept of similarity when it comes to domain names in China – any domain name can be registered, provided that it is not identical to a previously registered domain name. Further, domain names are registered on a first come, first served basis. Given the number of top-level domains (TLDs), it is not generally feasible for trademark owners to register domain names for all possible variations of their marks.

In practice, rights holders usually settle for one or two domain names, which they then use to direct users to their website. More registrations than this can be wasteful and expensive. It is recommended that rights holders focus registrations on countries or areas where they already have business interests or plan to launch them. When it comes to similar domain names registered by other parties, rights holders can either choose to ignore them (if the domain name is not being used or is causing no actual damage) or file a domain name dispute or lawsuit.

Full article here:
http://www.lexology.com/library/detail.aspx?g=74d18a8e-0e03-4826-85b3-7ed557d54559

 

[168]

The 2 year limit is a good idea.
Sad that this is considered bad faith.
"A direct or indirect statement on the website to which the domain name directs users indicating that it is for sale is the most common way to prove a domain name owner’s bad faith"
"If a domain name owner also holds a valid trademark registration, it will be considered to have a legal right to register the domain name – regardless of whether the mark was registered after the domain name" - kills the aftermarket once a TM is filed
I don't know if this is true in China but there are some countries that allow TM's to be bought and sold "without" a business.
There have been reports that premium domain holders in China are obtaining TM's to protect their "resale" investments.
If these types of policies continue there will be a lot of domains deemed "worthless" "un-useable" SAD.
I think I'm selling all of my domains geared toward the China market before they become obsolete

 

[deez007]

I think I'm selling all of my domains geared toward the China market before they become obsolete

- Was thinking the same thing ...hahhaha

 

[platey]

Nothing stopping domainers buying trademarks

Many entrepreneurs see better value in buying And selling business out of admin etc as the trademarks and patents and domains would usually be bought in such a deal etc which aside from the business may have significant value

 

[Name Trader]

Nothing stopping domainers buying trademarks

Many entrepreneurs see better value in buying And selling business out of admin etc as the trademarks and patents and domains would usually be bought in such a deal etc which aside from the business may have significant value

Where is/(are) the marketplace(s) for these domains in administration. OK. I understand it's probably not clear-cut and you'd have to search through a lot of other non-domain related stuff.