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What is the difference between trademarks and domain names? How is the conflict resolved
Release Time:
2023-03-26
What is the difference between a trademark and a domain name?
1, the uniqueness of the domain name is different from the multiplicity of the trademark.
2. There is a difference between the global nature of domain names and the regional nature of trademarks.
3, the domain name no similarity restriction and trademark similarity prohibition are different.
4, domain name registration principles, access to different from trademarks.
What do trademarks and domain names have in common?
With the emergence and development of network technology, domain names and trademarks are inextricably linked.
They have four main points in common:
1, both belong to commercial signs, with identification function.
2, both contain certain economic and commercial value.
3. The composition is interrelated. In order to make the integration of commercial identity, enterprises often use their own trademarks as part of the domain name registration.
4, both use the registration system and the principle of first application.
A trademark is a mark used to distinguish the brand or service of one operator from the goods or services of another operator. China's trademark law stipulates that trademarks approved and registered by the Trademark Office, including commodity trademarks, service marks and collective trademarks, certification marks, trademark registrants enjoy trademark exclusive rights, protected by law, if it is a well-known trademark, will obtain cross-class trademark exclusive rights legal protection.
A Domain Name, abbreviated as a domain name, is the name of a computer or computer group on the Internet, which is a string of dot-separated names used to identify the electronic orientation (sometimes also the geographical location) of the computer during data transmission.
When the domain name and trademark conflict, how to deal with it?
"The registration of words that are the same or similar to the registered trademarks of others as domain names, and the e-commerce of related goods transactions through the domain names, is prone to misidentification by the relevant public." It belongs to the trademark infringement act stipulated in the Trademark Law.
Domain names have national domain names, international domain names, etc., the competent authorities are different, and the relevant policies will be somewhat different, but most of them focus on protecting well-known trademarks and well-known trademarks.
Trademarks and domain names are powerful weapons for entrepreneurs to protect their brands on the Internet. Under most conditions, trademarks have more legal effects. You can file trademark infringement complaints against the account name infringement of Internet platforms and the keyword infringement of advertising brands. Source: IP community
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