How to deal with conflicts between domain names and trademarks? What are the solutions?
DomainCn
In the transition from the real economy to the virtual economy, domain names play a crucial role, serving as corporate symbols in online competition. So, how can we avoid conflicts between domain names and trademarks?
1. How to Improve Domain Name Registration
When registering a domain name, the domain name registrant and the domain name holder sign a domain name registration contract. These contracts define the rights and obligations of the domain name registrant and, in the event of a dispute, refer the matter to a dispute resolution body. This approach can limit and restrict malicious registrations by domain name registrants, which infringes trademark rights and, to a certain extent, can prevent them.
2. The Trademark System Adopts a Domain Name Renewal System
Under the current domain name registration system, domain name registrants do not need to perform any maintenance, ensuring that their domain name remains valid for a long time. As a result, the already limited domain name resources are becoming increasingly scarce. Therefore, we can follow the trademark registration system and adopt a domain name renewal system. For example, the Trademark Law stipulates that registered trademarks must be renewed every 10 years, and the renewed trademarks will remain valid. This will allow some long-forgotten domain names to be re-used in the public domain.
3. Emulate the trademark system's system of revoking domain names that have not been used for three years.
Some registered domain names are not effectively used, leaving limited domain name resources unused and wasting resources. Therefore, we can follow the three-year non-use system stipulated in the Trademark Law and revoke domain names that have lost their value due to prolonged non-use. To prevent malicious occupation by some domain name holders, we can also fully utilize limited domain name resources and maximize their value.
4. Improve the judicial system for domain name protection. This includes improving the domain name system and laws and regulations on domain name protection, strengthening judicial development for domain name dispute resolution, safeguarding the legal and institutional development of domain names, and realizing the beneficial role of domain names in economic life.
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