DOMAIN NAMES
The registration of a domain name allows a right of use during a specified period. A domain name is not a property right but ICOSA advises you on the resulting rights.
Reservation of domain names
Domain names are not protected as such by an intellectual property right. However, the name that makes up the domain name may itself be protected by copyright, trademark right, geographical name or consist of a surname, a trade name or a corporate name.
Domain names and trademarks
Given the evolution of the web, reserving a domain name is now a mandatory preliminary to a trademark filing. The domain name makes it possible to identify the company, to differentiate itself from the competitors, to have an international visibility of its brand, and thus to expand its customer portfolio. However, be careful, registering a domain name does not mean filing a trademark.
Monitoring
ICOSA provides regular monitoring services for newly registered domain names that may collide with the rights of its clients. This information makes it possible to advise them quickly and efficiently on the available means of action. This monitoring also limits the risks of asset devaluation and weakening of their distinctive character due to their unmarked use.
Buyback
In most cases, the domain name is assigned on a “first come, first served” basis, i.e. the domain name is assigned to the first applicant. If the desired domain name is already registered, ICOSA offers to contact and negotiate with the owner to redeem the domain name.
Disputes
Under the law, the prior art of a domain name is likely to prevail over a trademark. However, the owner of the domain name must certify its use and exploitation. Moreover, in the case where a third party registers a name on a right or an interest that already exists, different remedies may be brought, judicial or amicable.
