What are the differences between commercial domain names and well-known trademarks
Domain names and well-known trademarks are important in terms of identity, There are some commonalities in exclusivity and other aspects, but the differences between the two are still the main ones, which are mainly reflected in the following aspects:
1. The two are applicable to different objects
A well-known trademark is a mark used to distinguish goods or services. It is used on the same or similar goods or services and can only be used on specific goods or services.
As stipulated in my country's Well-known Trademark Law, registered well-known trademarks The exclusive right is limited to the well-known trademarks approved for registration and the goods approved for use. Domain name is a method used to solve the problem of IP address correspondence. It was created to facilitate people to use the Internet. It is not directly related to goods or services, and cannot exist independently from the Internet.
2. The two have different foundations of identification and exclusivity
The mutual distinction and exclusivity of well-known trademarks are based on the identity or similarity of the goods or services. Different goods or services usually do not generate this requirement. (Except for well-known and well-known trademarks); Therefore, it is a common phenomenon that different legal entities in the same country or different countries enjoy mutually independent rights for the same well-known trademarks.
The domain name is absolutely unique on a global scale and does not vary by legal subject, type of product or service, country or region. There is no difference. This uniqueness is the basis of its absolute exclusivity and is determined by the technical characteristics of the Internet domain name system.
3. The principles for obtaining the two are different
There are three main principles for obtaining well-known trademarks:
(1) First-to-register principle
(2) First-to-use principle
(3) A compromise between the first two
Different countries or regions may adopt different principles. The registration of domain names is based on the first-come-first-served principle, first to apply, Register first, otherwise you cannot use the Internet without registration. This principle is generally followed by all countries.
4. The two have different distinctiveness requirements
The formation of a well-known trademark is based on the premise that it has a distinctiveness that ordinary people can subjectively judge, otherwise it will be difficult to distinguish the source of goods or services; and the distinctiveness requirements for the formation of a domain name are significantly lower than that of a well-known trademark Trademarks in any form that are not identical or similar to any degree can be registered as independent domain names as long as they can be recognized by computers.
In reality, companies usually register their well-known trademarks or trade names as domain names, making the domain names become an extension of the well-known trademarks or trade names on the Internet, expanding The visibility of the company. However, there are also some speculators who register well-known trademarks with high visibility as domain names and seek benefits through unfair means. Therefore, companies should expand the scope of protection of well-known trademarks, register relevant domain names as early as possible, and not give them to others. Take advantage of the opportunity.
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