The biggest example of this technique – the story of the priority registration in the domain zone .rf. According to the rules, trademark owners have priority registration of domain names that include their trademarks. For example, the owner of the brand “Tasty candy” received a priority right to the domain-konfeta.rf tasty. After the start of the process it became clear that a number of companies to the top of the priority registration registered a trademark with popular words like “beauty”, “credit”, “mortgage”, “real estate”, “cinema” (a few hundred). This gave them the right to priority registration of domain names potentially popular krasota.rf, kredit.rf etc.
Really high-profile cases to successfully reverse domain name hijacking to date yet, jurisprudence varied and finally flux. Therefore a foregone conclusion that the trademark always wins domain name in legal battles, is premature. But the trend is that in most cases, the trademark owner is more likely to win in court against the owner of the domain name, even if the brand is registered later than began work site.
What does this mean for those who are engaged in business on the Internet?
The main conclusion – your site can take, if you do not protect. If your business has become such a prominent and successful that competitors do not mind spending 30-70 thousand rubles for registration of a trademark to create a serious threat for you – so you have time to register its brand in itself. It can be simple wordmark or logo designed by a professional designer. The main thing that it was the name of the site (you can without .ru and .rf). If you have a logo, which is often used alone, without a name (for example, on the packaging or on the product), it makes practical sense to register it as a separate trademark. This will give you more opportunities for legal protection.
If you have already filed legal requirements, you should not give up and sad to see how your business is taken. Opportunities for active protection is always there. One of them – a counterclaim for termination of legal protection of trademark Raiders. For example, on the grounds that its registration – is an act of unfair competition.
Many problems can be saved at the initial stage. When selecting the name of the site is useful to check on the basis of his trademarks: if someone has a similar to your brand, this “someone” you can create serious problems in the future. In this case it is better to choose a different domain.
Such a simple action, such as trademark registration effectively protect the company from the machinations of competitors and scams. This measure will help you bring your business to a higher level – the level where you will wait for the larger predators, protection which need to learn more advanced techniques.