How can I protect my trademark with domain names?
Although the process for registering a trademark and domain name is separate from each other, since owners of brands spend large amounts of money and efforts to protect the distinctiveness of the trademarks, they would not like a domain name to infringe with its authenticity. For this, you need to select both a smart as well as legally correct domain name. Given below are a few tips that can help your protect your trade mark with domain names.
Chose a strong trademark
Avoid the use of generic terms, they are generally weak and defending them is not always possible. For example geographic names, surnames, or other common names and terms should not be used. Suggestive names provide strong protection as they directly or indirectly convey the uniqueness of your business and the products and services you offer. Also fanciful or arbitrary names are a good option. They are out of context, for example Blackberry represents a smartphone company. Lastly, if you are able to get your trademark it registered with official trademark offices and the use the name as domain name, chances are the trademark will not be infringed.
Chose a valid domain name
The domain name you chose to represent your business should have some distinctive element that does not confuse the customers. Research well before finalizing your domain name; if similar domain names already exist and sell similar products and services under their banner, the wise choice is to choose another name. Especially, if the existing name already enjoys popularity, it’s no use circling around a similar name. In the worst case scenario, if you do choose the name, it might end up in a legal conflict.
Avoid inadvertent domain expiration
In case you have failed to renew your domain name in time, it can be taken away by other domain speculators. This can happen when registrars fail to send renewal notices in time and when they do not notify you in advance about the deletion of your domain. You might buy back your domain from the speculators, but they are often exploitative and make money from such deals.
Keep your contact information up to date
To keep your trademark protected against infringement through domain names, always list your organization or yourself as the administrative contact. Also, mention your name for the billing and technical contact. Make sure your registrar or web host does not withhold your right to your domain name. They will be able to manipulate ownership rights to your domain name, if their contact details are listed with the registrar.
Place a registrar lock on your domain name
This means that your domain will be locked at the registry level and no third party will be able to modify or delete it on your behalf. If your registrar does not offer this feature, you should consider switching over to some other, who offers the same.
Legal arbitration
The last option one has when the domain name has been infringed upon is to go for a legal battle. Each country has its own laws governing the use of trademarks and sometimes hijackers can take advantage of distant locations and lenient territory laws to use your domain names and misuse your trademarks. The best remedy for this is to use choose smart names, and do extensive research on the net before deciding your domain name.
Thus in conclusion we can say that protecting your trademark with domain names requires a good offensive strategy that starts with choosing the right trade name, then registering it as a domain, which extends all the way to protecting against all kinds of trademarks infringements.