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First come, first serve
Why do you need to be the first ?
A domain name is a unique identifier and no two domain names can be identical. But they may dif- fer in small ways, such as www.lindtexcellence.com and
www.lindt-excellence.com or have different suf- fixes (called domains), e.g. www.lindtexcellence. ch. Unlike trademarks there is no distinction as to classes of goods. So, www.penguin.com may be of interest to both the book publisher and the biscuit
1 2 3 Searching
Online WHOIS databases or Domain Name Regis- trars can be perused to check if a domain name is still available.
1 2 3 Clearance
If a domain name which the company wants is
HOW TO CREATE A DOMAIN NAME
manufacturer but only one company can own it.
Importantly, domain names are registered on a first come first serve basis. However, the registration can be objected if earlier trademark rights or com- pany names exist. Thus, it needs to be checked if a selected domain name will not infringe third parties rights.
When choosing a domain name it is important to look at how the trade mark is perceived by the consumer and how the Domain Registrar does not allow the use of certain characters, www.lindt-spruengli.com.
already taken, it may be possible to purchase it or explore the possibility of having it transferred if there is any evidence of bad faith. The Group Legal & IP Department will assist you in this process.
Registering
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Depending on the use of the domain name, several registrations may be needed, gTLD, ccTLD or IDN. The Group Legal & IP Department will take care of the registration and renewal process.
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For internal use only
Key Take-Aways
• Trademarks – Distinctive and available
• Designs – New and individual
• Copyright – Original
• Patent – New and a solution to a
technical problem
• Domain Name – First come, first serve