Home – New Forums Other discussions Domain name vs. Business name Reply To: Domain name vs. Business name

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Dovelle, post: 87307 wrote:
Problem many people don’t realise is that a domain registration has no legal binding to a business registration. For example, I have trademarked my business name, thus all registrations that try to use my “word”/”name” I get emailed and can restrict them from owning a domain name.

Hi Dovelle- I just wanted to clarify your comment above that you can restrict all registrations that use your name – you can restrict others using a domain name if you have trademarked the name assuming a few ‘criteria’ is met:

a) That they are in the same country as where you have registered your trademark;

b) that they are in fact using the name “as a trademark” (e.g. as a promotional name for their business) – merely holding a domain name does not necessarily always count as ‘use as a trademark’, which can make it difficult to force them to give up the domain name;

c) That they are promoting similar/related goods/services to those your trademark covers.

d) That they don’t actually have prior use rights to you

(The above is intended for information purposes only and is not legal advice. Whether a domain name infringes a registered trademark varies from situation to situation).