Iam just wondering. Does domain Trademark Law apply for all countries around the world? How do i check out if a certain domain name is trademarked in a certain country? Thanks.
Hi Trademark law is usually specific to the country in which it applies. There are however supra-national agreements in some economic areas. In other words, you can apply for a trademark across an economic area. With regards to the EU, you can apply for a trademark in a specific country such as Ireland (http://www.patentsoffice.ie/en/homepage.aspx) or you can seek to register a trademark across the whole of the EU (http://oami.europa.eu/), or at least across those countries, which are signatories. You will also need to research the class of tradmark you wish to apply for. There are 45 different "classifications" (http://www.wipo.int/classifications/nivilo/nice/index.htm). It is essential l, that you apply for the right classification(s) otherwise you can waste valuable time and money by applying for the wrong classification. It is best to browse the classifications of your competition or chosen market and examine them to get an idea of how they have applied. This may also indicate, which classifications are appropriate. As far as I am aware, domain names or any kind of names can be trademarked if there is no basis for a legal objection to that name being trademarked. I am not a trademark or patent lawyer so it may be wise to ask for some legal advice or to do some research before you proceed. One last thing...try and keep your ideas, domain names to yourself and keep your discussions confidential before you apply. It is after all a first-come-first-served world. I know of someone, whose idea was "pinched" before they began the trademark proceess! Good Luck.
There's currently no so-called "universal trademark laws", although probably a next best thing is the Madrid Protocol (google it) signed by member countries. They're "jurisdiction-specific", to somewhat paraphrase associatemedia's post. Unfortunately trademarks don't have to be registered if one can demonstrate what's called "common law trademarks" (google that, also). You'll have to do an exhaustive search, although some online tools like the big G and any online TM database of that jurisdiction are a few places to start. IANALE. Good luck to you as well.
a domain name is an intellectual property, if you try to buy a domain name that someone has trademarked then you might get into some problems. unlike using a business name offline, a domain name is worldwide. if you use a trademark name online and you do something bad with it like " a porn site " it can damage the rep of the company. making profit even if you're not damaging the name is still a bad bad. its best just not to play with it.
yes, a trademark is automatically valid in those member countries of madrid convention, if the country is a member. Although it is required to get a legal opinion from a lawyer, for the start you can do a free trademark search online with the list here