What is the difference between a domain name and a trademark name?

The trademark name is relatively clear to the public, but the public likes to confuse the trademark name with the domain name, thinking that the two belong to the same concept and have different intellectual titles. So, which law should domain names be governed by? Is it different from trademark rights? Below, the editor of Legal Savior Network will provide you with relevant answers. I hope it will be helpful to you.

Is there a difference between a domain name and a trademark name

The trademark has its own text, graphics or a combination thereof; and the domain name domain name It is a proper term related to the field of computer network, so there is still a difference between the two.

Article 57 of the Trademark Law Any of the following acts is an infringement of the exclusive right to register a trademark:

(1) Using the same trademark as the Registered trademark on the same product without the permission of the trademark registrant;

(2) Using a trademark similar to the registered trademark on the same kind of goods without the permission of the trademark registrant, or using a trademark similar to the registered trademark on similar goods Registered trademarks with identical or similar trademarks that are likely to cause confusion;

(3) Selling goods that infringe the exclusive rights of registered trademarks;

(4) Forging or manufacturing registered trademarks of others without authorization or selling counterfeit or unauthorized registered trademarks;

(5) No trademark registration The person agrees to change its registered trademark and put the goods with the changed trademark back on the market;

(6) Intentionally providing facilities for infringing the exclusive rights of others’ trademarks and helping others to infringe the exclusive rights of trademarks;

(7) Causing other damage to others’ exclusive rights to registered trademarks.

Article 58 Using someone else’s registered trademark or unregistered well-known trademark as a business name Any use that misleads the public and constitutes unfair competition shall be handled in accordance with the Anti-Unfair Competition Law of the People's Republic of China.

How to deal with infringement of domain name registration

If the people's court determines that the registration and use of a domain name constitutes infringement or unfair competition, it may order the defendant to cease infringement or cancel the registration domain name, or the domain name may be ordered to be registered and used by the plaintiff at the request of the plaintiff; if actual damage is caused to the right holder, the defendant may be ordered to compensate for the loss. Sell it at a high price, rent it out, or use it in other ways.If the people's court determines that the registration and use of the domain name constitutes infringement or unfair competition and causes actual damage to the right holder, it may order the defendant to compensate for the loss.

According to the relevant laws and regulations of our country , a trademark has its own text, graphics or a combination thereof; while a domain name is a proper noun involving the field of computer networks, so there is still a difference between the two. The above are the relevant answers provided to you by the editor of Legal Savior Network. If you have questions related to the law, you are welcome to go to the Legal Savior Network for legal consultation at any time.