The solution with a new .reg and
a new .tm gtld for registered trademarks is a good idea.
But in reality, we need
more than that:
1. Each trademark extends to
one or several classes within any trademark system. Generally classes are applied
according to the International Classification System of Nizza.
So, if you register
"all-in-one" for class 30, because you are selling sandwiches, someone else may still
register "all-in-one" for watches.
2. Not all countries in the world have signed
the protocol of Madrid of the OMPI (Organisation Mondial de la Proprieté intellectuelle).
That means, that if you have a registered trademark for all European Countries following
to the International Classification of Nizza, you still need to register it e.g.
as a U.S. trademark in the U.S. separately.
3. You may only register a trademark
in your own country, too.
B. Problems of this situation:
There are many more trademarks possible than just "one per word".
2. Fameous trademarks
like "Coca Cola" need a special, global protection.
3. People who's names are
registered by someone else as a trademark need a protection.
4. Companies and
Clubs, etc., who's names are older than a registered trademark and who therefore
are allowed to continue using that name need to be protected, too.
C. Possible solution:
1. ICANN guarantees the integrity of trademarked names under
the cctlds of the countries, to which the trademarks protection extends, following
a first-come-first-serve system among the trademark-owners themselves in respect
of the trademark-names being registered in different classes.
At least 42 trademarks
concerning the same name can be registered in the 42 existing sections/classes possible.
late-comer trademark owners may still use their trademark as a domain name, but only
through adding the number of the class/es they registered, e.g.: "all-in-one-1",
2. For trademarks registered
in more than 12 countries, a new gtld may be established using the same first-come-first-serve
method, as described above. The best solution might be a new creation of a .tm gtld
for the U.S and a .reg for all other countries, because these two endings are already
3. Internationally well-known trademarks like CocaCola should be
treated differently and get their own gtld, where no one else may be allowed to register.
best gtld for this purpose seems to me: .1 (read: dot one):
.1, because there
is only 1 company in the world allowed to register its trademark there.
as a digit it is international and undependent of any language.
.1, because it
is easy to remember.
Imortant: The names registered in .1 can not be registered
by anybody else in .tm and .reg.
4. Individuals, who's names are registered by
someone else as a trademark should be limited to the registration within the existing
gtlds and cctlds, but there they should be given the same rights as trademark owners.
Should Mr. Siemens be taken away his www.siemens.de? The answer is: No. The rule
should be again "first-come-first-serve". If Siemens wants to register their
name, too, they may still use: www.siemens.1, www.siemens.reg or www.siemens.tm or
5. Companies and Clubs, etc., who's names are older than a registered
trademark and who therefore are allowed to continue using that name should be limited
to the registration within the existing gtlds and cctlds, but there they should be
given the same rights as trademark owners.
Example: Should the rotary-club be
taken away his www.rotary.de, if I register a trademark on "rotary"? The answer is:
No. The rule should be again "first-come-first-serve". If someone owning the trademark
"rotary" wants to register this name, too, he may still use: www.rotary.1 (if globally
known), www.rotary.reg or www.rotary.tm or www.rotary-1.de.
6. No further trademark
protection in the Internet ought to be established.
100% protection of internationally well-known trademarks, who will be the only ones
to register their name under .1, .reg and .tm
2. 100% protection of less known,
but internationally registered trademarks, who can register their names under .reg
and .tm. Late-comer-international-trademark-owners will have to add the digit/s of
one of their registered classes at the end of the name.
3. 100% protection of small
trademark owners, who can register their name in the cctlds of the countries, where
their trademark is valid. Late-comer-trademark-owners will have to add the digit/s
of one of their registered classes at the end of the name.
4. 100% protection of
individuals, companies and clubs, who's legal name provokes a conflict with an existing
trademark. They can register/keep their name under any of the existing cctlds and
gtlds (except: .1, .tm and .reg), if still available.
This system would not cause too much of a confusion and solve the trademark
problems in the Internet, as there would be a guaranteed trademark protection under
all cctlds + the following gtlds: .1, .tm and .reg.
There would be no trademark
protection under any of the other gtlds and therefore this solution gives the Internet
community back their necessary liberty.