Domain name protection FAQs
Find answers to frequently asked questions about domain name protection, registration, domain names and trademarks, domain name management services and how to handle domain name disputes.
Domain name registration
Why register domain names?
A domain name is essential for a brand's online presence. It makes it possible for customers to find your website and helps differentiate your brand from other brands. Consider registering your domain name in all relevant extensions (e.g. .com, .nl, .eu), as well as variants of your domain name.
What is a domain extension?
A domain extension is the part of the domain name that follows the full stop (e.g. .com, .org, .nl). There are many different extensions available, for example by country or region (such as .nl for the Netherlands or .uk in the United Kingdom), the type of organisation (.org for non-profit organisations), generic extensions (.com, .net) by industry (such as .restaurant, .football).
How can I register a domain name?
A domain name can be registered through a registrar. As part of our domain name management services, Novagraaf can take care of domain name registrations and the management and renewal of one or more domain names for you.
How do I know if a domain name is available?
You can check for availability in the databases managed by each registry. However, be careful where you search. There are parties that offer to check the availability of a domain name online but then register the domain name in their own name (to sell it at higher prices). As part of our domain name management solution, Novagraaf offers a service to securely check domain name availability.
Can I change my domain name after I register it?
It is not possible to change the domain name after it has been registered. If you want a different URL, you will need to register a new domain name and possibly sell the existing domain name or let it expire.
Can a domain name be transferred?
Yes, a domain name can be transferred to another party. This requires an agreement between the parties and a technical change through the registrar.
Can I register multiple domain names for my trademark?
Yes, you can register multiple domain names to better protect your brand. This can help to prevent competitors or others from using domain names with a similar name.
Domain and trademark questions
What is the Trademark Clearinghouse?
The Trademark Clearinghouse (TMCH) registration is a system used to protect trademark holders when new top-level domains (TLDs) are introduced, such as .shop, .tech, .app, etc. The TMCH was set up by the Internet Corporation for Assigned Names and Numbers (ICANN) and offers trademark owners the opportunity to register their registered trademarks and protect them against abuse in new domain names.
What is an ICM.DPML registration?
An . ICM.DPML registration refers to the Domain Protected Marks List (DPML) of the ICM Registry, the organisation responsible for, among other things, top-level domain name .xxx (adult content). The DPML is a protection program that allows trademark owners to protect their trademark against abuse or unauthorised registration in specific domains ending in a .xxx TLD or other domains managed by ICM.
What is the difference between a domain and trademark right?
A trademark is a legally protected designation for goods or services, while a domain name is a technical address on the internet. Think of a domain as a unique identification number that helps users find your website on the internet.
A domain name does not offer trademark protection. However, domain registrations can complement trademark registrations as part of your wider business strategy. A trademark provides legal protection, while a domain name determines online findability and contributes to distinctiveness.
Can I use a domain name as a trademark?
In principle, a domain name can be registered as a trademark, but it must meet the usual requirements for trademark registration, such as distinctiveness.
Domain name protection
What happens if domain and trademark rights conflict?
The trademark owner can take action if the domain name corresponds to a registered trademark and is used without a valid reason; for example, by initiating legal proceedings or dispute proceedings. This may result in the transfer or revocation of the domain name.
Does a trademark owner automatically have the right to the corresponding domain name?
No, a trademark owner must actively register the domain name themselves. Without registration, a third party can register the domain name, unless this is done in bad faith.
What can I do if someone has registered my brand as a domain name?
If the registration of the domain name is (potentially) in bad faith, an attempt can be made to contact the registrant to find a solution. If this is not possible, a complaint can be submitted through dispute resolution procedures such as the Uniform Domain-Name Dispute-Resolution Policy (UDRP) procedure.
As all businesses already know, domain names are essential for success online. We hope this domain and trademark FAQ has helped you clarify the most important questions surrounding domain name protection, registration and enforcement.
To find out more about protecting your rights on the web, including how to enforce your domain and trademark rights, watch our on-demand webinar on domain name portfolio management and dispute resolution, download our white paper on ‘Domain name portfolio management best practices’, speak to your Novagraaf attorney or contact us below.
Sven Valstar works at Novagraaf in Amsterdam.
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