Return to wgc Forum - Message Thread - FAQ

Username: friedrich
Date/Time: Tue, April 11, 2000 at 11:22 AM GMT
Browser: Microsoft Internet Explorer V5.01 using Windows NT
Score: 5
Subject: trademark issues

Message:
 

 
                                                                                               
     
     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:

     A. Situation:

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:

1. 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.
All 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", "all-in-one-2", "all-in-one-3","all-in-one-42".

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 widely known.

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.
The 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.
.1, because 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.
Example: 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 www.siemens-1.de.

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.

     D. Effects:

1. 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.


     F. Conclusion:

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.

Friedrich Kisters
     
     
     
     
     
     
     
     
     
     

 


Message Thread:


Privacy Policy | Terms of Service | Cookies Policy