DOMAIN NAMES  
  

Domain names have evolved from their first function as a mere locator to becoming a commercial attraction magnet. This importance means that domains must be considered yet another company asset, and that according to the characteristics and need of each company, should be protected and the possible risks evaluated.

The Trademark Law first mentioned Internet domains and even though it does not regulate or define their legal nature, it does mention them, albeit symbolically, when in Article 34, expressly, the holder of a trademark is conferred the right to prevent third parties from using the trademark on the Internet (or from using other trademarks imitating the trademark or which can be confused with said trademark).

Under the rule of specialty of trademarks, one distinctive sign is associated only to one series of specific goods and services. This allows the coexistence of identical trademarks identifying goods belonging to completely unrelated market sectors and different companies because it is understood that the goods protected under said identical trademarks will not be associated by the consumer.

This rule of specialty is not altogether “welcome” in the world of domain registrations. Two companies owning an identical trademark which identifies different goods would be perfectly entitled to request said trademark as a domain. In this case, registration would follow the rule of first come, first serve (prior in tempore potior in iure) would apply.

So only one piece of advice can be given to anyone with doubts as to the level of protection of their domains, and our advice is that the problem with domain names is understood in the same way as how patents, trademarks and know how are treated in general.

So the first thing to do is check the level of protection of all assets. In other words, define which sign or signs are important in within the company, and see if they are properly protected, first of all as trademarks and also as domains if presence on the Internet is desired. This policy of defining / preventing will mean that you will avoid having to later take on solutions which are always worse and more costly.

We offer you the following basic services within the field of Internet domains:

  • Registration of any type of domains:
    • .com, .org., .info, .biz, generic domains.
    • .es domains.
    • .com.es, .org.es, .nom.es, .edu.es, and .gob.es domains.
    • Domains from any country in the world (.fr,.co.uk, .be, .pt, .cn, .jp, .us...)
    • Restricted generic domains such as .aero, .coop,.museum, .name and .pro.
  • Legal advice on topics related to domain names.
  • Domain registrar transfer.
  • Domain name negotiation and mediation process.
  • Oppositions against domains before dispute settlement bodies.
  • Reports on the status of a name in domain records from countries all over the world.

We can also provide advanced services for specific needs in information and communication technologies. Just tell us what you need.