Domain names are not trademarks. A trademark is a sign that distinguishes goods or services. Both trademarks and domain names are identifiable and exclusive, and both have advertising functions.

The difference between trademarks and domain names:

(1) They are applicable to different objects

Trademarks are used to identify goods or services and can only be used in Goods or services; while domain names are used to identify computer users, computer users are not goods.

(2) The basis of the identity of the two is different

The identity of a trademark comes from its distinctiveness. When the goods or services produced or operated by different legal entities are fundamentally different, the two Two or more identical trademarks can be registered at the same time.

The identification of a domain name is guaranteed by its uniqueness. No matter what type of business the legal entities are engaged in, or whether they are located in different countries or regions, they cannot register the same domain name.

(3) The basis of exclusivity between the two is different

The registered trademark is on different types of goods or services, or is outside the geographical scope where the trademark registration is applied for, or is beyond the scope of registration period of validity, its exclusivity expires.

As long as the maintenance fee is paid on time, a registered domain name can be indefinitely excluded from all registered or to-be-registered domain names worldwide, with no geographical or timeliness.

(4) The principles for obtaining trademarks are different

The principles for obtaining trademarks vary from country to country. Some countries adopt the first-to-register principle, and some countries adopt the first-to-use principle. Some countries adopt a mixed principle.

Domain names are registered on a first-come-first-served basis. They cannot be used on the Internet without first registering.

(5) The classification principles and basis of the two are different

When the applicant applies for trademark registration, the trademark registration agency requires the applicant to clearly record the application for trademark registration in accordance with the corresponding classification standards. The type of goods or services to be identified by the trademark.

Except for restrictions on the selection of top-level domain names or second-level domain names due to the applicant's own legal attributes, domain name registration applicants do not need to declare the content of their business activities, nor do they need to clearly record the type of goods or services. .

(6) The two acquisition methods are different

Trademark registration is carried out independently by specialized agencies in various countries or regions in accordance with the laws of their own countries or regions. The review of trademark registration is limited to countries or regions, and there is the possibility that legal entities in different countries own the same trademark.

Domain name registration is carried out independently by registration agencies in different countries. Only when no one has registered the relevant domain name can the domain name be registered. Therefore, each registered domain name is unique globally, and there is no situation where legal entities in different countries have separate claims for rights to the same domain name.

The similarities between domain names and trademarks:

. First, both are commercial signs and have identification functions.

Second, both contain certain economic and commercial value.

Third, they are interconnected.

Fourth, both use the registration system and the first-to-apply principle.

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