One of the most common misconceptions among internet entrepreneurs is that owning a domain automatically creates trademark rights. The reality is quite different. This article clarifies the relationship between domain ownership and trademark rights — a topic we also touched on in Domain Name vs Trademark Registration.
Owning a Domain Does Not Create Trademark Rights
Buying (leasing) a domain name only gives you the ability to use that internet address. It does not create an exclusive right to use that name as a trademark. Trademark rights are acquired only through registration with TÜRKPATENT.
Is "I Own the .com" Enough?
No. Owning a popular extension (.com, .com.tr and so on) does not stop someone else registering that name as a trademark in the same or a similar sector. In fact, acquiring in bad faith a domain containing someone else's registered mark can itself be challenged by the trademark owner.
The Reverse: A Registered Trademark Doesn't Guarantee the Domain
Equally, having registered a trademark does not guarantee that the matching domain will be yours. Domains and trademarks are managed in separate systems, under separate rules. Planning the two together is essential.
What Happens in a Conflict?
If a domain containing your registered trademark has been acquired by someone else in bad faith, you can rely on your trademark right to pursue legal routes to have the domain transferred to you or cancelled. Trademark rights provide a strong basis in this kind of dispute.
The Right Strategy
- Settle on your name idea and check both domain and trademark availability.
- If it's available, register the domain quickly (so it is not taken).
Secure Your Brand with Webx
Webx secures your naming strategy on the trademark side. Contact us to register your brand.