CNIPNET.COM News: In recent days, the author has received many inquiries similar to "The website name is the same as the website name previously used by others, does it constitute infringement?"

The current law does not have relevant protection provisions for website names. According to my country's current relevant legal provisions, website names can be protected by registering them as trademarks!

Once the name is registered in an international trademark classification, other people no longer have the right to use the name in that classification. If it is used without permission, it is an infringement.

Similarly, if someone else has registered a trademark for their website name in the international trademark classification within the scope of their website's business, then others need to obtain authorization if they want to use the name. And if no one registers it, anyone can use the name.

For example:

A operates an online sales website that sells clothing, named XYZ.com. B also runs a website that sells clothing, also named XYZ.com.

In the trademark classification, sales belong to Category 35. If one of A or B has registered the XYZ name in Category 35 as a trademark protection, then the other person can no longer use this trademark. Otherwise, it will infringe the registrant's exclusive trademark rights.

If they do not register XYZ as a trademark, then anyone, including C, D, E, etc., can use the name XYZ and it can still be used on clothing sales websites.

So, if your name has been registered as a trademark by someone else, and the registered category is consistent with your business scope, then you can no longer use this trademark. If not, then you can use this trademark. The name does not constitute infringement!