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How to secure a domain from "squatters"?
Hello.
After re-reading the latest publications on the subject of domain disputes, to my shame, I could not make clear rules and factors that affect the outcome of such proceedings.
Judging by this entry , in some cases everything generally depends solely on the mood of the members of the commission, and there is no logical explanation for this.
Nevertheless, I do not lose hope that someone from Khabrovchan and visitors to the Toaster, nevertheless, understood this problem and can clarify a simple question - Are there any rules , compliance with which allows you to completely avoid or reduce the likelihood presentation of claims regarding the domain by interested parties?
If abbreviations or names like Microsoft or Asus , formed from other words, are even more or less clear, then what about ordinary (dictionary) words? After all, there is no guarantee that tomorrow someone will not register such a trademark (or a company with the same name) and will not file a claim with the former bona fide owner of the domain. Primarily interested in international zones and the rules / regulations in force there, but it would be great to know in the aspect of national ones.
Thank you.
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My office started working quite a long time ago, when they didn’t really worry about registering a trademark (this often happens at the start).
It so happened that one of the employees registered a domain for himself in the RU zone, consonant with the name of the main product. And he quit, opening his own business in the same area. Our company has been sitting on .COM since those shaggy times (although all clients are in the Russian Federation).
Six months later, a patent for a trade name was received.
A year ago, they tried to take a domain in the RU zone through the court on the basis of a patent for TM. Rejected because the domain was registered before the trademark.
1. The trademark is a serious argument, and also in the presence of similar trademarks, the dates of their registration are important
2. The jurisdiction of the dispute is further affected.
3. In the course of the case, consider how the domain is currently used
. To be safe, you can register a TM in advance.
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