The Relationship And Distinction Between Domain Name And Trademark

　　 domain name and trademark Of contact The main points are: trademark is a sign that distinguishes goods or services, it is used on the same or similar commodities, and it must be significant, so as to give full play to the function of identifying the commodity. On this basic function, the trademark also produces three functions, that is, the source or source of goods, the producers and operators to ensure the quality of goods and advertising. Undoubtedly, trademarks and domain names all have certain identities and exclusiveness, and they all have the function of advertising and publicity, which is their common ground.

Domain name and trademark Difference There are:

(1) the objects of the two 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 two have different identities. Trademark identification originates from its significance, while the identities of domain names are protected by its uniqueness.

(3) the exclusionary basis of the two is different. Registered trademarks are not exclusive in different types of goods (or services), or beyond the scope of application for registration, or beyond the validity period of registration. The registered domain name, in theory, can be indefinitely excluded from all registered or registered domain names on a global scale, so long as a small amount of maintenance fees are paid on time, without regionality nor timeliness.

(4) the principles of the two are different. The domain name shall be registered first, and not registered before it is used on the Internet. The principles of trademark acquisition vary from country to country. Some countries adopt the principle of first registration, some countries adopt the principle of prior use, and some countries adopt the principle of mixing.