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⍰ ASK Trademark Registration and Domain Disputes

Hello. PawProfitForum
Let's say there is a white project designed for a foreign audience, with the domain domain123.net, while the domain domain123.com with the same name is already registered, and there is some reason to believe that the trademark with the name domain123 is also registered.
The domain domain123.net is registered in my name, using real passport data, which can be confirmed with scans, etc., if desired.
The following questions:
1. If the trade mark domain123 is already registered, what are the practical prospects for its owner if he wants to sue me for domain123.net? For example, Google won the domain google.ua in its favor.
2. Let's say I refuse the .net domain with the already registered .com and change the name of the project to domain321 - does it make sense to register my trademark for this name?
3. In general, does it make sense for a startup to officially register a name or slogan somewhere? (so that no one would register the name later and make claims to the domains, or a competing service would not do so under the same name)
4. If you register a trade mark +- slogan - where is it best to do this, what is the approximate price of such a registration and what will be required for someone wishing to register it? In addition to registering - maybe it is possible to somehow check in advance whether a certain name (domain123) has already been registered as a trade mark?

If anyone has encountered similar questions, I would be grateful for answers.
 
If “domain123” is a registered trademark, the owner could challenge “domain123.net” through a UDRP dispute, especially if there’s brand confusion. Big companies often win, but enforcement depends on jurisdiction.

Switching to “domain321”? Registering a trademark helps prevent disputes and protects your brand. Startups benefit from securing names early to avoid legal issues.

To check trademarks, use:
• WIPO Global Brand Database
• USPTO TESS (U.S.)
• Local IP databases

If your project has long-term potential, ensuring trademark availability is a smart move
 
If “domain123” is a registered trademark, the owner could challenge “domain123.net” through a UDRP dispute, especially if there’s brand confusion. Big companies often win, but enforcement depends on jurisdiction.

Switching to “domain321”? Registering a trademark helps prevent disputes and protects your brand. Startups benefit from securing names early to avoid legal issues.

To check trademarks, use:
• WIPO Global Brand Database
• USPTO TESS (U.S.)
• Local IP databases

If your project has long-term potential, ensuring trademark availability is a smart move
Thank you so much
 
Hello. PawProfitForum
Let's say there is a white project designed for a foreign audience, with the domain domain123.net, while the domain domain123.com with the same name is already registered, and there is some reason to believe that the trademark with the name domain123 is also registered.
The domain domain123.net is registered in my name, using real passport data, which can be confirmed with scans, etc., if desired.
The following questions:
1. If the trade mark domain123 is already registered, what are the practical prospects for its owner if he wants to sue me for domain123.net? For example, Google won the domain google.ua in its favor.
2. Let's say I refuse the .net domain with the already registered .com and change the name of the project to domain321 - does it make sense to register my trademark for this name?
3. In general, does it make sense for a startup to officially register a name or slogan somewhere? (so that no one would register the name later and make claims to the domains, or a competing service would not do so under the same name)
4. If you register a trade mark +- slogan - where is it best to do this, what is the approximate price of such a registration and what will be required for someone wishing to register it? In addition to registering - maybe it is possible to somehow check in advance whether a certain name (domain123) has already been registered as a trade mark?

If anyone has encountered similar questions, I would be grateful for answers.
In Nigeria, trademark registration and domain name disputes are handled through a combination of trademark law and domain name registration procedures. If a trademark owner believes a domain name is infringing their rights, they can initiate a dispute resolution process, potentially leading to UDRP proceedings or court action.
Here's a more detailed explanation:
1. Trademark Registration and Protection:
Nigerian Trademark Act:
The Nigerian Trade Marks Act defines a trademark as a mark used or proposed to be used in relation to goods to indicate a connection in the course of trade.
TRIPS Agreement:
The TRIPS Agreement (Trade-Related Aspects of Intellectual Property Rights) also plays a role, stating that any sign capable of distinguishing the goods or services of one undertaking from those of others can be a trademark.
International Classification of Goods and Services:
Nigeria adheres to the International Classification of Goods and Services for trademark registration, which is also applicable to domain name disputes.
Domain Name Registration and Protection in Nigeria - 1st Attorneys
24 Oct 2024 — Trademark Protection and Domain Names: Nigeria adheres to the International Classification of Goods and Services for trademark registration, which is...

1st Attorneys
Domain Name Dispute: What to do - NiRA (.ng) Website
18 May 2022 — Disputes alleged to arise from abusive registrations of domain names (for example, cybersquatting) may be addressed by expedited administrative proce...

Nigeria Internet Registration Association
Trademarks and Domain Names Conflicts in Nigeria - ISROSET
IV. ... To further expound on what trademark is, an assemblage of two principal guiding rules on trademark will be exhumed. First is the TRIPS Agreement [8] and...
ISROSET
Trademark Rights and Domain Names in Nigeria - 1st Attorneys
24 Oct 2024 — Dispute Resolution and Legal Action If the domain name registrant refuses to transfer the domain or cooperate, the trademark owner may have the follo...

1st Attorneys
I have a registered trademark – so I have the rights to the domain ...
Key takeaways * As a starting point, the “first to file” principle is applied when it comes to domain name registrations, where the person who first registered...

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Patent Attorneys assisting you with Intellectual Property registration in ARIPO countries. Intellectual Property Practitioners assisting with ARIPO patent / trademark registrations.
Even if the domain name was registered before the trademark, the trademark owner could still challenge it if they can prove bad faith. Bad faith can be shown in cases where the domain name registrant: Registered the domain solely to sell it to the trademark owner for a profit.24 Oct 2024
Trademark Rights and Domain Names in Nigeria - 1st Attorneys
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+2
In Nigeria, trademark registration and domain name disputes are handled through a combination of trademark law and domain name registration procedures. If a trademark owner believes a domain name is infringing their rights, they can initiate a dispute resolution process, potentially leading to UDRP proceedings or court action.
Here's a more detailed explanation:
1. Trademark Registration and Protection:
Nigerian Trademark Act:
The Nigerian Trade Marks Act defines a trademark as a mark used or proposed to be used in relation to goods to indicate a connection in the course of trade.
TRIPS Agreement:
The TRIPS Agreement (Trade-Related Aspects of Intellectual Property Rights) also plays a role, stating that any sign capable of distinguishing the goods or services of one undertaking from those of others can be a trademark.
International Classification of Goods and Services:
Nigeria adheres to the International Classification of Goods and Services for trademark registration, which is also applicable to domain name disputes.
Domain Name Registration and Protection in Nigeria - 1st Attorneys
24 Oct 2024 — Trademark Protection and Domain Names: Nigeria adheres to the International Classification of Goods and Services for trademark registration, which is...

1st Attorneys
Domain Name Dispute: What to do - NiRA (.ng) Website
18 May 2022 — Disputes alleged to arise from abusive registrations of domain names (for example, cybersquatting) may be addressed by expedited administrative proce...

Nigeria Internet Registration Association
Trademarks and Domain Names Conflicts in Nigeria - ISROSET
IV. ... To further expound on what trademark is, an assemblage of two principal guiding rules on trademark will be exhumed. First is the TRIPS Agreement [8] and...
ISROSET
Trademark Rights and Domain Names in Nigeria - 1st Attorneys
24 Oct 2024 — Dispute Resolution and Legal Action If the domain name registrant refuses to transfer the domain or cooperate, the trademark owner may have the follo...

1st Attorneys
I have a registered trademark – so I have the rights to the domain ...
Key takeaways * As a starting point, the “first to file” principle is applied when it comes to domain name registrations, where the person who first registered...

Abion
Generative AI is experimental. Learn more
Sponsored

Authentix
Online Trademark Monitoring - Protect Your Content Rights
Authentix Tracks Trademark Infringement to Minimize Illicit Sales of Counterfeit Products. Monitor Trademark...
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Brand Owners
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Register Your Trademarks | Legal Strategy From Lawyers
Work with experienced trademark attorneys from start to finish. Save time and Money. Have the...
Trademark Services
Register Your Trademarks
Free Trademark Search
Sponsored

Hahn & Hahn Inc.
hahn.co.za/form
Contact us | Check a trademark registration | Intellectual Property Law
Patent Attorneys assisting you with Intellectual Property registration in ARIPO countries. Intellectual Property Practitioners assisting with ARIPO patent / trademark registrations.
Even if the domain name was registered before the trademark, the trademark owner could still challenge it if they can prove bad faith. Bad faith can be shown in cases where the domain name registrant: Registered the domain solely to sell it to the trademark owner for a profit.24 Oct 2024
Trademark Rights and Domain Names in Nigeria - 1st Attorneys
Feedback
About featured snippets
People also ask
What is a trademark and domain name dispute?
Can a domain name infringe a trademark?
Can I claim a domain if I have a trademark?
What is an example of a domain name dispute?
Feedback
aasrc.org
PDF
Resolving Disputes between Domain Name and Trademark
by M Ismail · 2023 — This study addresses the available legal frameworks for resolving disputes related to domain names, and it is a study that focuses on two topics, “Clarifying ...

Internet Corporation for Assigned Names and Numbers (ICANN)
Uniform Domain-Name Dispute-Resolution Policy
Most types of trademark-based domain-name disputes must be resolved by agreement, court action, or arbitration before a registrar will cancel, suspend, or ...

nira.org.ng
Domain Name Dispute: What to do - NiRA (.ng) Website
18 May 2022 — Under the NDRP policy, most types of trademark-based domain-name disputes must be resolved by agreement, court action, or a
Hello. PawProfitForum
Let's say there is a white project designed for a foreign audience, with the domain domain123.net, while the domain domain123.com with the same name is already registered, and there is some reason to believe that the trademark with the name domain123 is also registered.
The domain domain123.net is registered in my name, using real passport data, which can be confirmed with scans, etc., if desired.
The following questions:
1. If the trade mark domain123 is already registered, what are the practical prospects for its owner if he wants to sue me for domain123.net? For example, Google won the domain google.ua in its favor.
2. Let's say I refuse the .net domain with the already registered .com and change the name of the project to domain321 - does it make sense to register my trademark for this name?
3. In general, does it make sense for a startup to officially register a name or slogan somewhere? (so that no one would register the name later and make claims to the domains, or a competing service would not do so under the same name)
4. If you register a trade mark +- slogan - where is it best to do this, what is the approximate price of such a registration and what will be required for someone wishing to register it? In addition to registering - maybe it is possible to somehow check in advance whether a certain name (domain123) has already been registered as a trade mark?

If anyone has encountered similar questions, I would be grateful for answers.
In Nigeria, trademark registration and domain name disputes are handled through a combination of trademark law and domain name registration procedures. If a trademark owner believes a domain name is infringing their rights, they can initiate a dispute resolution process, potentially leading to UDRP proceedings or court action.

Here's a more detailed explanation:


1. Trademark Registration and Protection:
  • Nigerian Trademark Act:
    The Nigerian Trade Marks Act defines a trademark as a mark used or proposed to be used in relation to goods to indicate a connection in the course of trade.

  • TRIPS Agreement:
    The TRIPS Agreement (Trade-Related Aspects of Intellectual Property Rights) also plays a role, stating that any sign capable of distinguishing the goods or services of one undertaking from those of others can be a trademark.

  • International Classification of Goods and Services:
    Nigeria adheres to the International Classification of Goods and Services for trademark registration, which is also applicable to domain name disputes.
 

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Hello. PawProfitForum
Let's say there is a white project designed for a foreign audience, with the domain domain123.net, while the domain domain123.com with the same name is already registered, and there is some reason to believe that the trademark with the name domain123 is also registered.
The domain domain123.net is registered in my name, using real passport data, which can be confirmed with scans, etc., if desired.
The following questions:
1. If the trade mark domain123 is already registered, what are the practical prospects for its owner if he wants to sue me for domain123.net? For example, Google won the domain google.ua in its favor.
2. Let's say I refuse the .net domain with the already registered .com and change the name of the project to domain321 - does it make sense to register my trademark for this name?
3. In general, does it make sense for a startup to officially register a name or slogan somewhere? (so that no one would register the name later and make claims to the domains, or a competing service would not do so under the same name)
4. If you register a trade mark +- slogan - where is it best to do this, what is the approximate price of such a registration and what will be required for someone wishing to register it? In addition to registering - maybe it is possible to somehow check in advance whether a certain name (domain123) has already been registered as a trade mark?

If anyone has encountered similar questions, I would be grateful for answers.
Trademark registration and domain disputes are two related but distinct areas of intellectual property law.

# Trademark Registration
Trademark registration is the process of registering a trademark with the relevant government agency, such as the United States Patent and Trademark Office (USPTO). This provides legal protection for the trademark and helps to prevent others from using similar marks.

Benefits of Trademark Registration
1. Exclusive rights: Registration provides exclusive rights to use the trademark nationwide.
2. Public notice: Registration provides public notice of ownership, making it easier to assert rights.
3. Presumption of validity: Registration creates a presumption of validity, making it harder for others to challenge.
4. Right to sue: Registration provides the right to sue for infringement in federal court.

# Domain Disputes
Domain disputes arise when two or more parties claim rights to the same domain name.

Types of Domain Disputes
1. Cybersquatting: Registering a domain name in bad faith, often to sell or ransom.
2. Domain name hijacking: Unlawfully taking control of a domain name.
3. Trademark infringement: Using a domain name that infringes on a registered trademark.

Resolving Domain Disputes
1. Uniform Domain-Name Dispute-Resolution Policy (UDRP): A process for resolving domain disputes through arbitration.
2. Court litigation: Filing a lawsuit in court to resolve the dispute.
3. Negotiation: Negotiating a settlement between the parties.

# Relationship Between Trademark Registration and Domain Disputes
1. Priority: Trademark registration can provide priority in domain dispute proceedings.
2. Evidence: Trademark registration can serve as evidence of ownership and rights.
3. Defending against disputes: Trademark registration can help defend against domain disputes.

In summary, trademark registration provides exclusive rights and protections, while domain disputes arise when multiple parties claim rights to the same domain name. Trademark registration can play a crucial role in resolving domain disputes.
 

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