Adopting a name that will be both a trademark and a domain name is a quite difficult exercise.
Indeed, the domain name has to be descriptive (we talk about generic names) in order to be found easily by the search engines when an internet user enters a keyword.
But, if the mark describes the goods and/or services, it can be refused by the Office or it can be cancelled by a Court.
Many people did asked us to file the mark corresponding to the domain name they had already registered. Sometimes, they even had already exploited it with a website.
The proposed name is often descriptive or already registered as a mark by a third one, or a close prior mark excludes the registration of the mark.
When a prior mark is already registered, the domain name owner realizes that he counterfeits a mark and he has to renounce to his domain name. In all cases, he has to register a new domain name.
A solution is to proceed first to an interiorities search among the marks. Then to proceed simultaneously to the mark application and the domain name registration.
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