What are the manifestations of conflicts between trademarks and commercial domain name rights
Although trademark and commercial domain name disputes are complicated, they boil down to It can be mainly divided into two categories:
One is to combine Register the same or similar trademark of others as your own domain name;
The second is to register a domain name that is the same as or similar to others as your own trademark. There are many forms of expression in these two categories, among which the main controversial forms are included in the first category.
In the first type of domain name dispute, according to the domain name holding The difference in whether someone applies to register a domain name knowingly that the domain name they want to register is someone else's trademark can be divided into the following categories:
Registration in bad faith refers to the behavior of the domain name holder who knows or should know that the domain name he wants to register is the trademark of another person when applying to register a domain name.
Unexpected coincidence, also known as improper registration, means that the domain name holder did not know or should not know the existence of other people's trademarks when applying to register his domain name and registered it The domain name he applied for registration is just coincidentally the same as or similar to someone’s trademark.
Reasonable registration, the uniqueness of a trademark is relative. It only requires that the same trademark cannot be used on the same type or similar goods and services. If the goods and services are of different types, they can be shared. The same trademark.
The second largest category of domain name and trademark disputes Also known as domain name reflection hijacking, a domain name applicant can register someone else’s trademark as a domain name, and the trademark applicant may also register someone else’s domain name as a trademark.
Especially with the development of Internet technology, more and more websites and web pages are known to people, and trademark applicants can also Registering these well-known domain names as trademarks is undoubtedly a shortcut for promoting their goods or services.
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