online trademark infringement

themoneyguy

In general does a community trademark on a .co.uk website name take precedent over a .ie with the same name registered with the CRO as a registered business name?

Surely one can trade in Ireland under this name and domain if it has been registered with the CRO prior to the community trademark being registered.

What are your opinions?

Thanks

Farcear

themoneyguy wrote: »

In general does a community trademark on a .co.uk website name take precedent over a .ie with the same name registered with the CRO as a registered business name?

Surely one can trade in Ireland under this name and domain if it has been registered with the CRO prior to the community trademark being registered.

What are your opinions?

Thanks

Trademark operates on a first-come, first-served basis.

The owner of an earlier national right acquired in good faith can prevent an extended community trademark from being used in its territory. In fact, prior registration in a Member State can defeat a community trademark application in its entirety!

Pines

themoneyguy wrote: »

In general does a community trademark on a .co.uk website name take precedent over a .ie with the same name registered with the CRO as a registered business name?

Surely one can trade in Ireland under this name and domain if it has been registered with the CRO prior to the community trademark being registered.

What are your opinions?

Thanks

A registered community trade mark gives the owner the right to prevent others from using that mark for the goods and services for which it is registered.

A .ie domain gives no right to trade under the name, and nor does a business name registration with the CRO.

To give an example,take the trade mark Coca-Cola, which I don't own, and which is registered throughout Europe for lots of goods, including of course beverages.

Let's say I set up a company called Koka-Kola Limited. I might be able to register this with the CRO, and might also get a domain registration for koka-kola.ie. So far, so good.

However, once I started to use this name in connection with selling drinks (or any other products for which it is registered as a trade mark), I would be infringing the Coca-Cola trade mark because my trade mark is confusingly similar with the earlier registered trade mark. My .ie domain and my CRO business name would not make any difference to the outcome.

As Farcear says, you might be able to invalidate the registered trade mark if you have prior use of the name. If you don't, they have the registration, and can prevent its use by anyone else. Sorry.

If there's more to the situation than this, and if it's important, you should talk to a Community Trade Mark Attorney, who can advise where you stand.