Embed Size (px)
DESCRIPTION
TRADEMARKS AND DOMAINS: CONCEPTS
Citation preview
www.yourlegalconsultants.com
Internet/Trademarks and Domains
CONCEPTS
TRADEMARKS AND DOMAINS. CONFLICTS: KEY ISSUES Free information
1. CONCEPT OF DOMAIN NAMES AND TRADEMARKS
2. TYPES OF DOMAINS NAMES AND TRADEMARKS
3. DIFFERENCES BETWEEN DOMAIN NAMES AND TRADEMARKS
4. WHAT SHOULD I DO TO PROTECT MY DOMAIN NAME/ TRADEMARK ON THE INTERNET?
www.yourlegalconsultants.com
TRADEMARKS AND DOMAIN NAMES
Free information
www.yourlegalconsultants.com
1. CONCEPT OF DOMAIN NAME AND TRADEMARKS
Concept of Trademarks
Art. 4 Trademarks Act 17/2001: "Any sign capable of graphic representation which serves to distinguish in the marketproducts and services of one company from those of others"
Concept of Domain Name
Names that serve to identify companies, people and organisations online.
The domain name allows users to visit web pages, have email accounts...
Currently if a company or individual wishes to offer any type of product or service online they must have a domain name
A domain name uniquely identifies an Internet Procol (IP) resource such as web site on the Internet. Domains are based onthe Domain Name Systems (DNS) (Wikipedia)
www.yourlegalconsultants.com
2. TYPES OF DOMAIN NAMES AND TRADEMARKS
www.yourlegalconsultants.com
Types of trade-marks
Types of domain names
Top levelTop level
Second levelSecond level
Third levelThird level
Generic: TOP Level Domain (TLD): the generics domain names include: .com, .net, .org, .edu, .tv, .mobi, .info, etc..
Territorial: country code Top Level Domain (ccTLD): territorial domain names include: .es, (Spain).ar, (Argentina) .fr, (France), European .eu, Regionals .cat.
Second Level Domain: name/ trademark, myname.com, mycompany.com (my name or my company is classified as second level).
Name/trademark: (.com.es, .org.es) , according to regulations published by Esnic:
•Request com.es: "Any natural or artificial persons and unincorporated businesses that are interested in or have connections with Spain", ;
•Request.org.es, "Any incorporated or unincorporated entities, institutions or groups that are interested in or have connections with Spain“.
-By the nature of the chosen sign: name marks, graphs and mixed.-For the purpose of its protection: product or services trademark
-For the scope of its protection: national, EU and international
- Because of its ownership: individuals and groups.
3. DIFFERENCES BETWEEN DOMAIN NAMES AND TRADEMARKS
www.yourlegalconsultants.com
TRADEMARKS DOMAIN NAMES
4. WHAT SHOULD I DO TO PROTECT MY DOMAIN NAME/ TRADEMARK ON INTERNET?
1. Identify the domain name and register it as soon as you have checked that it is available to prevent a third party from registering it.
2. Protect the trademark at a national level taking into consideration where the activity is going to be carried out, expansion and development possibilities.
3. Identify the goods and services to be protected that will be incorporated online.
4. Prevent the risk of association or confusion with other current and future competitors.
5. Protect the content of the webpage through Intellectual Property: author rights and copyright.
6. Bookmark the words in social networks coinciding with the domain name.
7. Establish the general conditions for contracting and using the webpage understanding the importance of the commitment that it involves.
8. Protect databases and source code if applicable.
www.yourlegalconsultants.com
Thank you for your interest
If you want to buy documents:
www.yourlegalconsultants.com
If you want to contract to the expert, please contact:
www.yourlegalconsultants.com
