Differences between Domain Name, Trademarks, Notices and Trade Names

At this time, it is vital for established companies, Smes and entrepreneurs to stay ahead of the curve and to use all the technological and computer tools available for an effective digital marketing strategy ,branding and of course Intellectual Property in both its branches Industrial Property and Copyright, however, sometimes if you do not have stealth with the proper use of these tools, their protection and regulation, you can generate large and tedious controversies.

A common problem is the confusion between the trademark, the commercial notice, the commercial name and the domain name, indispensable elements for the success of a business, whose nature and functions are different, the trademark is a distinctive sign perceptible by the senses, can be represented and constituted by denominations, letters, colours, numbers, figurative elements, holographic elements, three-dimensional forms, sounds or odours, the purpose of which is to identify and link the products or services with their business origin.

The commercial notice is also a distinctive sign but it is made up of phrases or sentences whose purpose is to announce to the public, establishments or commercial or industrial negotiations, whether of services or of products. The trade name is also a distinctive sign made up of the name or business name of a company or industrial, commercial or service establishment.

The domain name is a set of letters and numbers that identifies a computer by means of its IP address, which allows to digitally address the customer to the company’s portal, regardless of the place or time.

Another important difference is that the trademark, notice and trade name are protected through registration by the Mexican Institute of Industrial Property (IMPI) for renewable periods of ten years, while the domain name is managed through the Internet Name and Number Allocation Corporation (ICANN) and domain providers, and will be reserved in accordance with the contracted package.

Disputes arising between trademarks, commercial notices, trade names and domain names are supported by the World Intellectual Property Organization (WIPO) in collaboration with both institutions and representatives of the holders of the conflicting figures.

In Bandala | Diaz| García we have the best recommendations and strategies for your business in terms of brands, commercial notices, trade names and domain names.