In today’s increasingly digital world, having an online presence is essential for any business. One of the most important digital identifiers is the domain name – but is a simple registration enough, or is additional legal protection necessary?
The Domain Name as an Identifier and Distinctive Sign
A domain name is not just a technical access point; it functions as a commercial identifier that carries economic and proprietary interests. A carefully chosen domain name can significantly enhance a website’s visibility and thus provide a competitive advantage.
When Do Domain Names Infringe Third-Party Rights?
Registering a domain name alone does not guarantee exclusive usage rights. If the chosen domain name can be confused with an earlier trademark, company name, or trade name, the rightsholder may assert legal claims against its use.
Internal link suggestion: [What Constitutes Trademark Infringement?](/trademark-infringement)
The Solution: Trademark Protection for Domain Names
To enhance legal certainty, it is advisable to apply for trademark protection for the desired domain name, in order to:
– acquire exclusive rights for the trademarked name in relation to specific goods or services,
– have the trademark entered into the public register maintained by the Hungarian Intellectual Property Office (HIPO),
– make the protection verifiable, enforceable, and visible to third parties.
What to Consider When Seeking Trademark Protection
– Descriptive domain names are generally not eligible for trademark protection.
– Country code extensions such as .hu, .de, or .ai are not considered distinctive – as confirmed by multiple EUIPO rulings.
– The domain name must not be confusingly similar to earlier trademarks.
Domain Registration Limitations by the ISZT
The Advisory Board operating under the Council of Internet Service Providers (ISZT) has rejected several domain name registrations when:
– the domain name differed only slightly from a registered trademark, or
– it was intended to be used for business activities similar to those of the trademark owner.
Internal link suggestion: [Alternative Dispute Resolution for Domain Conflicts](/domain-dispute-resolution)
Cybersquatting – Abusive Registrations
Cybersquatting refers to the registration of a domain name containing another party’s registered trademark, typically:
– without intent to actually use the domain,
– to block the trademark owner or demand payment,
– or to divert web traffic.
A domain name does not override the rights of an earlier trademark, so the rightful owner can reclaim the domain if:
– there is no genuine use of the domain,
– the registration or use was in bad faith (e.g., for extortion, consumer redirection, or trademark infringement).
Legal Enforcement Options
1. Alternative Dispute Resolution before the ISZT’s Advisory Board
2. Trademark infringement lawsuit before the Metropolitan Court of Budapest
The advantage of court proceedings is that:
– damages can be awarded,
– and the unauthorized use of the domain can be legally prohibited.
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Related Services We Offer:
– [Trademark Registration and Protection](/trademark-protection)
– [Legal Review of Domain Names](/domain-law)
– [Advisory on Intellectual Property Law](/ip-law)
Dr. Katona Géza, LL.M. ügyvéd (Rechtsanwalt / attorney at law)
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Katona és Társai Ügyvédi Társulás
(Katona & Partner Rechtsanwaltssozietät / Attorneys’ Association)
H-106 Budapest, Tündérfürt utca 4.
Tel.: +36 1 225 25 30
Mobil: + 36 70 344 0388
Fax: +36 1 700 27 57