Protection and defense of trademarks on the internet and domains

HOME > SERVICES > DOMAINS
 
marcas

DOMAINS

UNGRIA is an entity accredited by Red.es as a Registrar of the domain names ".es". We have a team of experts in this field, with a proven track record, that not only focuses its services on the registration of your domain name but also helps you resolve any legal issue that may arise in Spain or internationally.

We can advise you in the following areas:

DEFENSE OF TRADEMARKS ON THE INTERNET

Trademark rights work both in the traditional market as well as in the online market, since they consist of exclusive and exclusionary rights which are the basis to settle disputes arising from the use of a sign on the Internet.

The domain name constitutes an identifier on the INTERNET, which has come to replace the IP addresses with easily remembered names; hence, the convenience of protecting the trademarks themselves as domain names, pursuing a double practical effect. On the one hand, to be able to concur with the holder´s trademark on the INTERNET and, on the other hand, to try to protect said trademark before possible acts of occupation by third parties through its registration as domain name in any of the most common or interesting extensions.

It must be borne in mind that the established special regulation of domain name registrations allows the possible coexistence of second-level domain names that are identical to registered trademarks, which may lead to situations of conflict. Indeed, administrative proceedings have arisen to solve this sort of conflicts, which in Europe take place before the World Intellectual Property Organization (WIPO), with headquarters in Geneva. In addition, the improper use of domain names can arise situations of infringement of Intellectual Property rights, which should be subject of court actions. UNGRIA provides representation and legal assistance services in both fields, administrative (arbitration before international institutions) and jurisdictional.

PROTECTION AND DEFENSE OF DOMAINS

For practical purposes, it is convenient to differentiate between:

  • First Level Domains: generic (.com, .net, .org, .biz, .info) or territorial (for example ".es", ".fr").
  • Second Level: domain name designed to be retained by the Internet user, accompanied by the generic or territorial termination (ungria.es). Normally a trademark expression is used, but a generic or descriptive name or phrase can also be registered.
  • Third Level: type of domain created in certain countries, not all, consisting of the domain name followed by a generic and territorial termination in question (mydomain.com.es).

On the other hand, it is possible to distinguish two large groups of first level domain names:

  • Generic domains (gTLD): of possible registration and universal use, managed by ICANN. The main ones are ".com", ".net", ".org", ".biz" and ".info", although in the last years a good number of new types of generic domain names have been instituted and put into operation, under different categories, such as "trademarks" (unavailable possibility that was only implemented in order to facilitate certain trademark holders to protect them and create new ways of exploiting them), "geographical" (to promote a certain region or city ), "generic" (type .bank, .shop, .dance, etc), for entrepreneurs of the same intellectual or commercial sector or intended to inform the INTERNET user about the contents of the website, as well as the "community", designed for similar organizations with common missions, objectives and challenges.
  • Territorial domains (ccTLD): correspond to a certain geographical area or country; for example, Spain (.es) or France (.fr) or European Union (.eu). They are composed by two letters that indentify each country or territory and are managed by national institutions in each country and in accordance with their own regulations.

The particular regulation of domain name registrations may lead to conflict scenarios, for example, through the registration and use of domain names including third-party trademarks. The settlement of these practices requires the adoption of judicial or administrative actions (arbitration), for which UNGRIA provides legal assistance and representation services.

For disputes arising from the registration of domain names using third-party trademarks or in infringement of third-party trademarks, or other rights (intellectual property, image, name, ...), a series of administrative procedures have been established to solve those conflicts before different Arbitration and Mediation Centers. UNGRIA also provides legal assistance and representation services in relation to this type of proceedings.

 
 

PRIVATE AREA

UNGRIA allows our clients, using their username and password, to access to information on all of their files under our control, along with their current status, in addition to the current status of any oppositions they have lodged against third parties. The section also provides access to UNGRIA's exclusive research, enabling clients to search for registered or pending trademarks that are identical or similar to their target search. They can also consult the various types of procedures that can be carried out through our website, always under the control and supervision of our firm´s professionals.

more

CONTACT

UNGRIA guarantees our clients technical and legal representation and assistance in Spain, Europe and all over the world. We have a team of highly qualified professionals with a proven experience in the Intellectual Property sector and a wide network of offices both in Spain and in the US to favor the communication between our experts and clients, allowing us to design consistent protection strategies and scenarios.

more