Legal analysis: First, the registered domain name contains the name of someone else’s registered trademark. Domain names, like trademarks, have important recognition value, but the basis of domain name recognition is cyberspace. In order to expand Internet business, Internet users often create homepages on the Internet, publish advertisements, introduce corporate products, promote corporate image, and carry out e-commerce with online sales as the main content. The second is malicious domain name squatting. Domain name registration, like trademark registration, follows the first-to-file principle. In recent years, there have been cases at home and abroad where domain name users have previously registered names and trademarks of knowledge companies owned by others. The third is to register the domain name first. This means that after the domain name owner registers the domain name, the trademark registration owner applies for a registered trademark and obtains trademark rights for the identifying part of the domain name. Fourth, there are multiple registered trademark owners for the logo part of the same domain name. As we all know, the scope of protection of trademark rights is limited to the registered trademark and the goods approved for use. Under normal circumstances, the trademark owner cannot exclude the use of the same or similar trademark on goods that are not identical or similar.
Legal basis: "Trademark Law of the People's Republic of China" Article 3 Trademarks approved and registered by the Trademark Office are registered trademarks, including commodity trademarks, service trademarks, collective trademarks, and certification marks; trademark registration Everyone has the exclusive right to use a trademark and is protected by law.
The term "collective trademark" as mentioned in this Law refers to a mark registered in the name of a group, association or other organization for use by members of the organization in commercial activities to indicate the user's membership in the organization.
The term "certification trademark" as used in this Law means that it is controlled by an organization with the ability to supervise certain goods or services and is used by units or individuals other than the organization to certify the goods or services. The origin, raw materials, manufacturing methods, quality or other signs of specific quality of the goods or services.
Special matters concerning the registration and management of collective trademarks and certification marks shall be stipulated by the industrial and commercial administration department of the State Council.