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?

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Written by Jan Buza

Co-founder of Trama

Registering a trademark does not automatically grant you the right to request third parties to give up or stop using an internet domain that is identical or similar to your trademark. Trademark rights primarily govern the use of marks in commerce to identify and distinguish goods or services. Domain name registrations, on the other hand, are handled separately by domain name registrars and governed by domain name registration policies.

However, if you believe that someone else's use of a domain name infringes upon your trademark rights or creates confusion in the marketplace, you may have legal options to address the situation. Here are a few common courses of action:

  • Trademark Infringement Claim: If a third party is using a domain name that is identical or similar to your registered trademark, and their use creates a likelihood of confusion among consumers, you may be able to pursue a trademark infringement claim. This typically involves legal proceedings to protect your trademark rights and potentially seek damages.
  • Domain Name Dispute Resolution: Many domain name registrars and registries offer dispute resolution processes, such as the Uniform Domain-Name Dispute-Resolution Policy (UDRP) or similar mechanisms. These procedures allow trademark owners to challenge the registration or use of a domain name that infringes upon their rights.
  • Negotiation or Cease and Desist: In some cases, sending a cease and desist letter to the domain owner or engaging in negotiation may help resolve the issue without legal proceedings. By asserting your trademark rights and providing evidence of potential infringement, you may be able to persuade the other party to voluntarily transfer or cease using the domain name.

It's important to consult with a qualified intellectual property attorney who can provide specific legal advice based on your jurisdiction and the circumstances surrounding your trademark and the domain name in question. They can guide you through the appropriate legal avenues to protect your rights.

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