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denn2020-02-06 20:42:24
Domain Name System
denn, 2020-02-06 20:42:24

Do they have the right to take away the domain if the trademark was registered later?

There is a registered domain that has a word (for example ADA ). And there is a trademark registration ( ADA ) that was made a year later. Do they have the right to take away this domain?
There is one project that will be almost similar to one of their services. But neither the code, nor the idea, etc. will be used from their service. But this company and I are located in the same city.

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4 answer(s)
M
Mesuti, 2020-02-06
@Mesuti

They won't take it away.
Look towards "commercial designation".
You have a domain and a website on it as a commercial designation of your activity.
By date - you have registered earlier, so you are the owner of this title.
The maximum that they can do is to complain about damage to business reputation using similar signs.
For example, many companies have one name, but according to documents another. ("Pyaterochka" -> "X5 retail")
Because a commercial designation is used. And even if you register Pyaterochka LLC, you will not take anything

L
Legal Adviser, 2020-02-24
@Legal2019

In order not to explain a million times, it is better to read it yourself once. One of my cases . You yourself will come to a conclusion based on the similarity of your situation to a particular case.
At the same time, it is worth noting that the judicial practice is not unambiguous and I know of cases when a domain is taken away.

T
timurc, 2020-03-06
@timurc

Simple answer
Нет, нет, нет, и нет. Лишь в виде малейших, редчайших исключений такое возможно

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