Hi, I was hoping someone may be able to help me with this. I
acknowledge that I am not asking for specific legal advice - any
advice or information you offer will not be considered to be specific
legal advice, but just general information.
I am wanting to register a domain name, but I am concerned about
trademark issues. I would like to register a specific domain name,
but it is already registered by someone else in another nation. It is
a TLD, with a ".com" extension. If I am the owner of a registered
trademark of a company, then am I legally entitled to secure the
domain name which contains that trademark?
For example (purely ficticous) let's say that I hold the registered
trademark of the company name and logo "ABC Computer Systems". I want
to register a TLD "www.abccomputersystems.com", but it is already
registered by someone else who does not hold any trademark for that
name.
Question #1: Can a registered trademark force a transfer of a domain name?
These URLs might help, but I'm still not clear on the issue:
http://www.icann.org/dndr/udrp/policy.htm
http://www.icann.org/udrp/
http://www.icann.org/dndr/udrp/uniform-rules.htm#1MutualJurisdiction
Question #2: Can a registered trademark force a transfer of a domain
name if that domain name was registered before the trademark came into
existence?
To continue the example, what happens if the other party registered
"www.abccomputersystems.com" in year 2000, and I registererd the
trademark more recently (for example, in 2004)?
Question #3: What if the domain name was registered by a company or
individual in another nation? Does trademark law apply
internationally, as it pertains to internet TLD ".com" name
registration?
If I own the USA or Canadian registered trademark to "ABC Computer
Systems" and another foreign business (or non-business) entity has
registered the URL "www.abccomputersystems.com", then is there
anything I can do to secure that domain name? To complicate matters,
the registrant of the domain name that I am interested in (not
"www.abccomputersystems.com") is located in China, and I don't know
whether or not China recognizes trademark law, or if Canada / USA /
European trademark law even applies in China. I have already tried to
contact the registrant to see if they would be willing to sell
(transfer) the domain name (perhaps through an escrow type service),
but I am not getting any response whatsoever.
Any help you could provide regarding this matter would be appreciated! |