Back to Trademark basics

After registering a trademark, will I have the right to request 3rd parties to not use / give up an Internet domain named the same as my trademark and being about the same activity?

Written by Jan Buza

Co-founder of Trama

A registered trademark does not automatically require third parties to give up a domain name, but it does give you legal grounds to pursue the matter through established procedures.

The UDRP (Uniform Domain-Name Dispute-Resolution Policy), administered by WIPO, allows trademark holders to challenge domain registrations that are identical or confusingly similar to their trademark, where the domain was registered and is being used in bad faith. A successful complaint can result in the domain being transferred to you or cancelled.

Where the domain holder is actively trading under a name that infringes your trademark, a court action for trademark infringement may also be available. The strength of your case depends on the similarity between the domain and your mark, the similarity of the goods and services, and whether there is evidence of bad faith or consumer confusion.

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“WebSell is an all-in-one platform, meaning that we handle everything when getting businesses online. We have big plans for the brand so securing a trademark for our new name in various territories was essential.” Read the full story of WebSell, another satisfied client of Trama, from the perspective of Cillian McGillycuddy, marketing manager at WebSell.

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Answering all your trademark concerns

Many entrepreneurs still consider trademark registration to be the least important step in the process of establishing their brand. This can become a big issue. Not registering a trademark from the start leaves a company vulnerable to potential copycats and other forms of brand infringement that can significantly damage its reputation and hamper growth.