IPblog / Intellectual Property

Domain names and business identifiers

Assess trade mark, name and business identifier rights alongside registry rules.

Registration does not settle the conflict

A domain registration does not grant a general right to use an earlier trade mark. Conversely, a trade mark owner cannot demand every matching domain. Priority, similarity, commercial use and legitimate interests matter.

Courts and alternative proceedings

UDRP proceedings may be available for relevant domains, subject to their own requirements. They are not general damages proceedings. For .de domains, consider DENIC rules and a DISPUTE entry where appropriate. Preserve domain history, content and ownership evidence before contact.

Official sources

www.wipo.int

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