Many people mistakenly believe that by registering a domain, the holder also obtains protection for their trademark. Or the opposite: that by registering a trademark, they also obtain the right to use a domain with the same name. Unfortunately, this is not the case. The domain registration procedure differs significantly from the trademark registration procedure, which grants the applicant different rights.
Domain registration
A domain is the web address through which consumers or internet users can access a desired website. A domain is therefore often a potential customer’s first point of contact with a particular company. The applicant must register the domain through various Slovenian registrars, such as Domenca, Neoserv and others, where they can also check the availability of the domain itself.
In addition to domain availability, successful domain registration requires the use of permitted characters, and the string before the dot must not be shorter than two characters or longer than 63 characters.
The registrar will register the requested domain after receiving the required payment from the applicant. Registration costs start at EUR 10.00 per year, but the cost depends mainly on the extension selected by the applicant, such as .si, .eu, .com and others. A domain is usually registered for one year and the protection can then be renewed. If the domain holder forgets to renew the domain and pay the fees, or no longer wants the domain, it enters a 30-day quarantine period.
If the holder changes their mind during this period and pays the fees, the domain becomes theirs again.
A domain does not fall under intellectual property rights, unlike a trademark. Domain registration is based on a contractual relationship between the applicant and the registrar, and therefore does not grant the applicant absolute rights. For this reason, even after registering a domain, it is advisable for the domain holder to also register a trademark, because domain protection is stronger when it is based on a registered trademark.
Trademark registration
A trademark gives its owner market recognition and allows their products or services to be distinguished from those offered by competitors. By registering a trademark, the owner obtains the exclusive right to use the trademark and the right to prevent third parties without consent from appearing on the market with the same or a very similar sign for identical services or products.
The purpose of trademarks is to prevent confusion on the market, which is why courts assess the similarity of trademarks according to the likelihood that a consumer will confuse the product of one provider with the product of a competitor.
Compared with domain registration, trademark registration is a more complex and longer procedure. To begin with, the owner of a sign can choose between registering a word mark, a logo, or a combination of a word and a logo. It is also necessary to define the territory in which the trademark is to be registered and to select the classes that reflect the services or products offered by the owner under the trademark.
One of the major differences between domain registration and trademark registration is also the duration of protection. By registering a trademark, the owner obtains protection for 10 years, which can also be renewed when it expires. The cost of trademark registration is also significantly higher, as official fees for protecting a Slovenian trademark start at EUR 250.00, while fees for an EU trademark start at EUR 850.00.
Key differences
There are therefore quite a few differences between a domain and a trademark. A trademark primarily protects a specific group of goods or services, defined by classes at the time of registration. A registered domain, on the other hand, is not tied to any specific field of activity and must therefore be unique.
Another essential difference is the duration of protection itself. By registering a trademark, the owner obtains protection for at least 10 years and can renew the protection period indefinitely. Domain protection usually has to be renewed every year, although there is also a maximum period for which a domain can be registered.
When domain registration expires, the holder has 30 days to decide whether to keep the domain and renew its protection, or to “release” it and make it available to others. After trademark protection expires, the trademark owner does not have such options. If the trademark is not renewed before protection expires, it is no longer registered and the process has to begin again from the start.
Territorial limitation, which is characteristic of trademarks, is another difference. A domain is protected globally through registration, because only one web address can exist with the chosen extension. A trademark, however, is protected only in the territory selected by the owner at the time of registration.
Therefore, if you are at the very beginning of your business journey and are currently choosing a name for your brand or company, it is wise to first check the availability of both the trademark and the domain. This will help you ensure the smoothest possible business operation, without domain disputes and disputes related to intellectual property. If you are already involved in a dispute or would like help with registering your trademark, the Lemurs will be happy to help.