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Bromez2015-03-11 07:07:57
Domain name market
Bromez, 2015-03-11 07:07:57

Can a trademark owner take over a domain?

There are two questions.
1. If the trademark is registered later than the domain, can it be taken away?
2. As I understand it, TM is registered in each country separately. In which country should TM be registered for international domains (.com, .org, .fm, .pro, etc.)?
In general, nothing is clear with jurisdiction ...

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3 answer(s)
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alex stephen, 2015-03-11
@berezuev

Artem said nonsense on the first point.
1) If the domain is registered first, and only then the trademark, then it cannot claim it.
2) on the second point, I can only add that FM is the national domain of Micronesia.

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Stanislav Fedorov, 2015-03-12
@Stanislav_F

>> 1. If the trademark is registered later than the domain, can it be taken away?
It depends on the laws in the jurisdiction in which the administrator of the domain zone is located, as well as on a lot of circumstances of the case. The reason for the cancellation of a domain registration may be a violation of a trademark (trademark) or the right to a trade name (company name) or the right to a commercial designation (business name) or unfair competition (unfair competition). The decision on the domain can be made by an administrative body (as, for example, in China) and a court (in all countries). Some countries also provide for arbitration procedures. For certainty, it makes sense to consult lawyers in the respective countries. For Russian and international domains, you can ask Anton Sergo.
>> 2. As I understand it, TM is registered in each country separately. In which country should TM be registered for international domains (.com, .org, .fm, .pro, etc.)?
It is best to ask the administrator of the domain zone in which jurisdiction he is located.

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