Maksim Volkov, Head of Dispute Resolution Practice at PATENTUS, gave some advice on how to avoid violating third-party rights to means of individualization and how to prevent a "reverse domain hijacking".
"A domain name in itself is not a mean of individualization," says Maksim. "Even if you manage to defend yourself against a claim by the owner of an unfairly registered trademark, you will not always be able to challenge its registration."
It is another story if you have other means of individualization: a trade name, a brand name, and when such names are known to the customers. You can also challenge the registration by citing abuse of rights and unfair competition, but these are less predictable methods of challenging.
A short recommendation how you can protect your brand at the stage of registering a domain name:
1) check the use of the brand name on the market yourself or with the help of a consultant;
2) order a high-quality search for trademarks and applications;
3) consult with an attorney on the chances of registering a brand name, taking into account the absolute grounds for refusal;
4) file an application for trademark registration.
Read more: https://pravo.ru/story/252697/
Image: Freepik
