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Ill register a domain name for my planned website. Is it

 
Abogado3044's Avatar
  • Answered by:Abogado3044
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Customer Question

I'll register a domain name for my planned website.

Is it necessary to register a trademark for my domain name?

Or is common law trademark enough to protect my domain name?

If it's necessary to register a trademark, do I need to register trademark internationally, or registering only in my country is enough?

 

Optional Information:
State/Country relating to question: Norway

Submitted: 338 days and 1 hours ago.
Category: European Law
Value: kr 164
Status: CLOSED
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Expert:  Abogado3044 replied 338 days ago.

Hi Sir

You could do wahtever you want

You could register the domain and the trade mark, but they are independent one each other

The proteccion of the mark could be all world arround or just in your country

The best thing its to ask for the domain and the trade mark at least in the countries where do you want toi sell, but as many countries you want Its will be more expensive

But the two ways are independent, the domain and the mark

be carefull to take the most comun domains end .com .org .es and ask for them, they are really cheap.

Customer replied 338 days ago.

If I let's say register ABC123.com (just an example).

And I build a website, sell digital products and ads through it or do whatever.

Then one day, someone comes and say "Hey you! ABC123 is my mark that I have trademark registered, but you are using it on your domain name and website. I'll sue you". (And let's say he's not lying :)

Then, what can I do?

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Expert:  Abogado3044 replied 338 days ago.

As long as you got 123.com nobody can say anything about it, because the mark and the domain are independent

Asi it is, you can register 123 as a mark, 123.com as a domain, and I could register for me 123.org and you could no forbid me to use my domain

So, the best way ist to registere the mark and the most used domains

Customer replied 338 days ago.

So that means....

If someone comes and say "Hey you! ABC123 is my mark that I have trademark registered, but you are using it on your domain name and website. I'll sue you". (And let's say he's not lying :)


Then I can just still use the domain name ABC123.COM and build a website on that...?

Accepted Answer

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Expert:  Abogado3044 replied 338 days ago.

He can demand what he wants, but you can use these domain becase is yours

I will try to explain

If you got 123 mark to sell fruit and the domain 123.com I can use my 123.org to sell friut as well as long as I do not try to scam the client in order to think that my web site is yours

My offer has to be perfectly diferent of yours, the colurs, the desing, and so on, or even not selling fruit and sell cars, but is may domain and I can use it

Bur If I used in a way looking for scam people, who thinks its your web site because I use your desings and colors, Its fraud and if you demand me for it I will have to pay

JoseMagadan41065.9653308218

Expert TypeAttorney
Category: European Law
Pos. Feedback: 83.2 %
Accepts: 302
Answered: 6/5/2012

Experience: Spanish Attorney

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