Website new regulation interpretation: Trademark rights do not represent the right to use network identifications

In response to the formal implementation of the wireless web site dispute resolution method that has been concerned about recently, the secretary-general of the International Trade Arbitration Commission's Online Dispute Resolution Center Giojani made his own interpretation: "The brand equity of the network follows the principle of first-come-first-served, and as long as the respondent proves its good faith in registration, the enterprise may not be able to regain the disputed domain name and website brand."

Trademark right does not mean network identification right

"At present, domestic enterprises have a slightly narrow understanding and protection of brands." Mr. LAN Chuanfang of China Enterprise Federation and China Entrepreneurs Association believes that "the brand of an enterprise not only refers to the trademark, but now the enterprise should put the brand to the height of strategy and give it more value in the Internet field." In this regard, Ms. Gioiani introduced two common online disputes in which trademark rights do not fight against online logos:

First, although the two companies use the same trade name in the same industry, in the Internet field, the principle of first-come-first-served is followed.

Second, if the enterprise trademark has some common words or specific titles, it may not be used as a prior right dispute website resource.

The brand protection consciousness of domestic enterprises is weak

Nowadays, in the era of mobile Internet, the meaning of corporate brand has become more extensive, which not only includes trademarks, domain names, but also involves web resources such as universal web addresses and wireless web addresses. But at present, domestic enterprises in the brand protection, the situation is not optimistic.

Enterprises should form the whole network protection of "trademark + domain name + website resources" for brand assets, strengthen the protection on the Internet and mobile Internet, enhance the value of the brand in the new network era, and escort the trademark.