Business Names, Trademarks and Domain Names

Welsh Law Business NamesThis is a very thorny and grey area in the age of electronic technology. Unfortunately there are those who stand on the sidelines awaiting the expiry of a domain name registration or a business name and snap up the opportunity with the intention of selling back to the originator their own intellectual property.

This is an area as well where business persons should definitely seek out the assistance of an intellectual property lawyer to protect what is probably their most valuable asset: Their Brand.

Not infrequently, but very discouragingly, business persons have found that their trade-mark registration was of little assistance upon learning of the registration of a domain name with the identical characteristics. Similarly, aggressive domain name registrants in foreign countries watch carefully for the expiry of a registration of a corporation in Canada and claim they have clients seeking domain name registrations in a foreign country with identical characteristics. The foreign country domain name registrars seek the opportunity to be the registrant of the Canadian company’s domain name.

This is sometimes referred to as another type of phishing and invariably involves an opportunist taking advantage of a Canadian company and its trade name. We encourage you to obtain the assistance of an intellectual property lawyer and we are pleased to recommend one of our affiliated lawyers who is a registered trade-mark agent experienced in all facets of intellectual property protection.

We’ve also seen a third party begin using a trade style right over top of a known registered Trade-mark or the name of a pre-existing corporation. Unfortunately “might” may be relied upon to overcome “right”. The interloper may have the financial resources to swamp a smaller prior registered Trade-mark holder. Again, in these cases you need immediate assistance to protect your rights. Failure to immediately protest any encroachment may well tend against you.

We look forward to being of assistance to protect your most important business asset: your name.

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