The dramatic rise in the online sale of goods and services makes the internet a valuable resource for any individual or company that wants to develop or expand its market share.
Most businesses now find it essential to have a website where they can promote and market their goods and services. To establish a website, a business must first acquire a domain name, which is the unique, virtual address that allows internet users to find their particular website.
Ideally, a domain name should reflect or incorporate the name or trade mark under which a business operates. However, since domain names are allocated on a first-come-first-served basis, many businesses find that that the domain name they would like to use has already been registered by another business. This means that they must either adopt an alternative domain name or, if possible, acquire the existing registration from the registrant.If it can be established that the registrant has no legitimate entitlement to the domain name and has, for example, knowingly registered a domain name which incorporates another company’s registered trade mark, it may be possible to have the trade mark owner substituted as the proprietor of the domain name.
If the domain name has been registered legitimately it may be possible to buy the domain name for a fee.
Remember, owning a domain name does not automatically give someone the right to use that domain name and, in certain cases, the use of a domain name could infringe an existing trade mark right. Before adopting a domain name we recommend that you search for potentially conflicting trade marks to ensure that your chosen domain name is available and free to use.
Domain Name Registration
We can undertake appropriate searches in Ireland and abroad. If your chosen domain is free for use and registration we can secure registration on your behalf.
Domain Name Conflicts
If your chosen domain name is blocked by an existing domain name registration we can advise on the options available and, if required, negotiate on your behalf with a view to acquiring the name from the registrant. We can also deal with the purchase of the domain name on your behalf and the transfer of the registration into your name.
If the blocking domain name has been registered illegitimately and incorporates your registered trade mark we can initiate an application to have ownership of the domain transferred to you.
Free IP Consultation
If you would like to arrange a consultation with one of our IP experts please contact us below: