Everything you really need to know about iGERENT's Services
When determining if a domain name can be registered as a trademark, the TOP LEVEL DOMAIN element (gTLDs or ccTLDs) such as .com, .net, .eu, .us, should not be taken into consideration. Therefore, it will depend entirely on the words that make up the domain name of interest. If the words that make up the domain name do not fall into grounds of non-registrability, then registration is possible.
Although practice may vary in different countries, if a domain name is registered within a trademark, the TOP LEVEL DOMAIN element (e.g. .com) must usually be disclaimed, and protection over this particular element is renounced.
Example of the disclaimer: NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE ".COM"
If your name is used to identify your products or business, then you can and should register it as a trademark. Nevertheless, if your name is identical to a famous name, or is one that may lead consumers to believe that the products or services are associated with someone else, registration may be refused. Depending on the country in which you wish to register, the limitations or requirements may vary.
Music groups may apply to register their names as a trademark (service mark). As they provide live musical performances, they qualify for registration in class 41.
If the music group is successful, registering their name as a trademark would also be advisable for different merchandising products such as audio records or digital music in class 09, posters in class 16 or T-shirts in class 25.
4 Can I apply for a trademark that describe the goods or services for which the trademark is applied?
If a trademark merely describes goods or services, consumers will not be able to differentiate the trademark from those used by other traders for similar goods or services in the marketplace. Therefore, registration will probably be denied.
|Trademark||Description of goods/services|
|EXTRA FAST||Computer hardware – Central processing unit (CPU)|
Registration would most probably be refused, as this would allow only one trader to refer to his products as EXTRA FAST. Other traders should be able to use such descriptive terms when advertising or offering similar products.
However, depending on local laws and practice, trademarks may include descriptive elements as long as they are accompanied by other predominant central elements that grant it distinctiveness.
Furthermore, if your trademark consists of a descriptive element and you have been using it for a considerable period of time, your brand may have acquired the necessary distinctiveness through real and effective use.
Before filing a trademark, it is recommended to seek an expert’s recommendation on whether or not a trademark may in fact be registered. You may do so by using our trademark search service.
One must be able to differentiate a trademark’s goods or services from those of other traders that may offer identical goods or services.
If a trademark consists solely of the name of a product or service, or a name with which a product or service is referred to in the marketplace, it is highly likely that the registration office will refuse it.
However, depending on local laws or practice, trademarks may include the name of a product or service as long as it is accompanied by other predominant central elements. These should not contain a name by which the products or services are known, should not describe the products or services, and one should be able to differentiate the brand when compared with other previously filed or registered trademarks.
In some jurisdictions the elements of a trademark that consist of the name of a product or service (or other common words) will have to be disclaimed.