Protected name or trademark must not be violated

The registration of an fi-domain name may not violate a protected name or trademark owned by another party. FICORA may remove a domain name from the register if it violates another party's right to a trademark at the request of the right holder.

The Information Society Code provides that at the time of registration, a domain name shall not be

  • based on a protected name or trademark owned by another party, unless the domain name holder can present a good, acceptable reason for registering the domain name
  • similar to a protected name or trademark owned by another party, if the clear intent of registering the domain name is to benefit from it or to cause damage.

Protected names and trademarks include:

Under the new domain name legislation, the combination of the first and last name of a natural person is no longer protected. A name that has been registered as a trademark or a business name before the registration of the domain name may be eligible for protection.

Established name or trademark as a revocation ground

FICORA recommends the parties to take their disputes related to established names or trademarks first to the Market Court, and only after that, if necessary, to claim the fi-domain name to be removed from the register on the basis of a final prohibition decision issued by a court.

FICORA's decision-making practice takes a reserved view of removal claims where the claiming party considers that its business name or trademark has been established before the registration of the fi-domain name.

An unregistered name or trademark may be a ground for removal only if it is unquestionably established. The established status must be so obvious that FICORA may, without any clarifications, find that the name or trademark is established.

FICORA is not able to evaluate extensive legal evidence relating to trademarks. It can only consider cases where the established name or trademark is exceptionally well known.

Key words: Internet , Domain names

Updated 25.08.2016

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