What are the differences between a domain name and a trademark?

1 Applicable to different audiences

A trademark is used to identify goods or services, and can only be used in relation to goods or services; A domain name is used to denote a computer or group of computers on the Internet.

2 Iconic foundations are different

A trademark is distinctive, while a domain name is unique, and the characteristics of both are the basis for the trademark and the domain name to be distinctive.

3 The basis of exclusivity is different

Both domain names and trademarks are exclusive, but they have different bases for exclusivity. A trademark is not exclusive when it is used to register different kinds of goods (or services), or when it is used beyond the territorial scope and validity period of the application for registration. For the registered domain name, as long as the maintenance fee is paid on time, it can be unique and exclusive in the world, and there is neither timeliness nor territoriality.

4 The principles of acquisition are different

The principle of obtaining a domain name is to register first, and without registration, the domain name cannot be used on the Internet. However, the principles of trademark acquisition vary from country to country, with some countries adopting the first-to-register principle, some countries adopting the first-to-use principle, and some countries adopting the hybrid principle. Trademarks and domain names are equally important to enterprises, and enterprises must pay attention to trademarks and domain names if they want to operate private domain traffic well.

1. The objects to which the two apply are different. Trademarks are used to identify goods and can only be used on goods. Domain names are used to identify computer users, and computer users are not commodities.

2. The basis of the identification of the two is different. The identity of a trademark is derived from its distinctiveness, while the identity of a domain name is guaranteed by its uniqueness.

3. The basis for the exclusivity of the two is different. A registered trademark is not exclusive when used on different types of goods (or services), or outside the territorial scope for which registration is sought, or beyond the validity period of the registration. Registered domain names can theoretically be excluded from all registered or to be registered domain names worldwide for an indefinite period of time with a small maintenance fee, with neither territoriality nor timeliness.

4. The principles obtained by the two are different. Domain names are registered first-in-law, and they cannot be used on the Internet without first registration. The principle of obtaining a trademark varies from country to country, with some countries adopting the first-to-register principle, some countries adopting the first-to-use principle, and some countries adopting the hybrid principle.

First, the scope of use.

There are many types and compositions of traditional trademarks, and a trademark can be applied to different products for which it is registered, and simultaneous use is permitted; But domain names are unique across the internet.

2. Regionality.

The legal protection of a traditional trademark registered in country A does not mean that it is also protected in country B, and it must be re-registered in country B in order to obtain the exclusive right to use the registered trademark, which is determined by the territoriality of industrial property rights; However, there is no such restriction on domain names, because the Internet is global, not limited by geography, and the network is globalized, so it is also required that domain names must be unique, and these two properties are complementary to each other.

3. Definition of the right of similarity.

When applying for registration, traditional trademarks are not allowed to have the same or similar words, patterns and combinations as existing trademarks; But there is no restriction on text similarity for domain names. Because there is a limit on the length of domain names, the maximum capacity of global domain name registration does not exceed 4.3 billion, and it is not economically efficient to stipulate that similar domain names cannot be registered, and domain names are recognized by computer systems, and computers can accurately distinguish very similar domain names, and there will be no confusion. (Again, the credit of uniqueness).

4. Joint protection measures.

The main trademark of an enterprise can be protected by registering a joint trademark, but such protection is difficult to achieve in Internet domain names.

For start-up entrepreneurs, a domain name is similar to a trademark. This episode introduces the characteristics of domain names and compares the characteristics of trademarks horizontally.