Domain Name and Trade Mark
A Web Hosting Article Contributed by Raj Rao
How is Domain Name Related to Trade Mark?
You can use your Trade Mark as your Domain Name, but it is not always possible. Whereas, if you have a distinct global Trade Mark, you have a right to own a Domain Name that fully and comprehensively represents your Trade Mark. While a Domain Name is registered by Domain Registrars authorized by a representative body of the Internet stakeholder called ICANN, the Trade Mark is registered by the Trade Mark office of the country, typically owned and managed by the Federal or State government.
The registration of Trade Marks and the Domain Names are not co-ordinated. And it is left to individual Trade Mark owners to ensure that their Trade Marks are not infringed by Domain Name holders. But, there is no protection of Domain Name owners against infringing Trade Marks registered after the date of registration of the Domain Name.
Should I Register a Trade Mark for My Domain Name?
It is always necessary to Trade Mark your Domain Name. Due to increased business through the Internet, your Domain name on the Internet essentially becomes your brand. Therefore it is in your interest to protect your brand from being plagiarized or stolen by somebody else. If you do have a Trade Mark that you are unable to register as a Domain Name due to technical reasons, it is always a good idea to register as many Domain Names as possible that 'sound' like your Trade Mark.
How Can I Claim a Domain Name Registered by Somebody Else?
If you suspect that a Domain Name is violating your rights as the owner of a Trade Mark, you should follow the procedure set-out in the Uniform Dispute Resolution Policy of ICANN developed in co-operation with the World Intellectual Property Organization, which administers the Dispute Resolution Forum. Following are the steps to be taken to claim a Domain name that infringes on your Trade Mark:
a) File a Complaint in writing (and send a printed copy) to the Registration Service Provider.
b) Specify the Trade Marks that are being infringed and attach copies of the Registration Certificate.
c) Attach all the correspondence with the Domain Name owner either in electronic or printed form.
d) Pay the necessary fees to the Provider for appointing a one-man or three-man panel to investigate the dispute and offer settlement.
e) Personally represent your case before the appointed Panel along with all the evidence of the infringements.
Generally, the Panel will decide on the matter within 20 days of appointment of the panel.
Tips for Registration of Domain Name
a) Search for your Trade Mark in the publicly available Trade Mark Registry, to ensure that it is valid and active.
b) Search the Trade Mark (only the words) in as many languages as possible in the Domain Name 'Who is' Database.
c) Try to register all the Domain Names that are freely available. Print or save all the Domains that have already been registered.
d) Contact a Trade Mark attorney with the details and ask him to compare the same and offer written legal opinion. You are now set to start the communication with the Domain name owners.
