Domain trademark protection
November 6, 2010 | 25,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla
Hello,
Let's imagine someone wants to start a football website, but has doubts about the name choice.
The problem: They would like to choose a normal and everyday name, but heard that these cannot be protected as a trademark.
Questions...
1. Can informal names be protected? Like "player" (regardless of whether they are still available)
2. If not, is it possible to protect names like "Spila" or "spielah"?
3. If not, can they still be used as domain names?
4. If "player" were already registered as a trademark, could you then register Spila as a trademark or use it as a domain name?
5. Is it necessary to register your domain name as a trademark to be safe? In case someone else registers it a week later and then sues the domain owner.
Thank you in advance for your help. I would have liked to pay more, but as a student it is currently not possible.
Wishing you a beautiful, hopefully not so rainy weekend.
Best regards
Dear inquirer,
Thank you for your inquiry. I would like to answer it as follows:
1. Can such colloquial names be protected? Things like "Spieler" (regardless of whether they are currently available).
It always depends on the individual case. A word of common language use, such as Spieler, is generally not protectable by trademark law.
2. If not, is it possible to protect names like "Spila" or "spielah", etc.?
This would again be a completely different question, as these are fantasy terms that are more likely to be protectable. However, it would need to be checked beforehand whether similar or identical trademark applications are already registered with the German Patent and Trademark Office in Munich, to avoid trademark conflicts.
3. If not, can they still be used as domain names?
The examples you provided can generally be used as domain names. However, it should be carefully checked whether the chosen name is already trademarked before use.
4. If "Spieler" was already registered as a trademark, could one then register "Spila" as a trademark or use it as a domain name?
Yes, as long as there is no other relevant registration (see above).
5. Is it necessary to register your domain name as a trademark to be safe? To avoid someone registering the name a week later and then suing the domain owner. Thank you in advance for your help.
No, this is not necessarily required but recommended for safety reasons.
I hope this provides you with a first legal orientation and wish you success and all the best!
I would like to point out the following to you:
The legal information I have provided is based solely on the facts you have provided. My response is only an initial legal assessment of the situation and cannot replace a comprehensive evaluation of the facts. Adding or omitting relevant information can lead to a completely different legal assessment.
I hope my explanations have helped you. Feel free to contact me via my email address or the follow-up option.
I wish you a pleasant Saturday evening!
Kind regards from the North Sea coast,
Dipl.-Jur. Danjel-Philippe Newerla, Attorney at Law
Stresemannstr. 46
27570 Bremerhaven
kanzlei.newerla@web.de
Fax: 0471/140244
