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Trademarks and Internet Domains

Argentine Trademarks for goods and services identify the related business in the “real world”, while the Domain Names identify the enterprises in Internet.

 

The problem arises when identical or very similar Trademark and Internet denominations differ in their ownership.

 

The above has given origin to several conflicts, some of them derived in random and innocent free election of the Trademark and /or Names, but the main number of conflicts is due to deliberate actions. This conduct has been named “cyber squatting” or “ciber okupation”. The usual rational behind these deliberate actions is to sell to the rightful owner of the Trademark or Brand Name (usually well know) the conflicting Domain Name.

 

The seriousness of this situation inclusively moved WIPO`s intervention, issuing some Rulings in arbitral procedures. At our end, Argentine Doctrine and Jurisprudence accepted the Rulings issued by WIPO, defining that the abusive use of a Domain Name implies the abusive use of the corresponding registered Trademark, in agreement with our Trademark Act 22.362 which tends to defend the legitimate interest against speculations.

 

In view of this situation, our Office starting from this present edition, is offering to all its Clients and Associates the Internet, “com.ar” Domain Name registration Service, identical to the trademark being registered, as a complement to said Trademark application. Our previous experience in this matter teaches that a preventive Domain Name registration is the best alternative to avoid these problems. Consequently any Trademark applicant filing its registration through our Office acquires the right to file the identical or similar Domain Name “com.ar” without any additional cost.

 

This new complimentary service we are hereby offering needs the formal request from the Trademark applicant and it is subject to the actual availability of said “com.ar” Name. If we find this same Name already registered by a third party we shall inform about this development, including the registrant and actual Name`s working status, also as a complimentary Service.

 

According to the actually normative in force, The Domain Names Registrar is under the control of Nic.AR, which depends of the Chancery, and the Domain names “com.ar” until now pays no service fee, but must be confirmed annually. This renewal is also included in the Trademark application fee.

This Domain Name is not subjected to caducity due to lack of use and its registration acts as a deterrent against third party abusive occupation. If the Client then decides to make use of this Domain, it must simply follow the usual activation steps provided by its preferred host Service.

 

By means of this new Service we are herewith offering, we are striving to avoid for our Clients to litigate requesting the return, or to prevent our Clients to consider undue payments.