Principle

Domain names round out trademark protection. Anyone who has registered a domain name for a little money occupies the corresponding place in the register and obtains "de facto" protection. A better-entitled person must first contest this place in the register. Fortunately, a domain name dispute does not always have to be challenged by expensive state courts, instead, the WIPO (World Intellectual Property Organization) provides a domain name procedure in which a domain name pirate can be fought in a short time and for relatively little money. However, it is often assumed that one's own brand is well known to the public. Otherwise, a domain name pirate can make excuses with flimsy arguments and keep the hijacked domain name.

Even for specialists today, it is not easy to maintain an overview in the area of domain names. In addition to the well-known domain name endings (top level domains, TLD) .com, .org, .info, .gvt, .ch, .eu, etc., there are a variety of other endings today, such as .travel, .army, .accountant, .barefoot, .hair, .menu, .taxi, .etc. There is also the ending .swiss since 2016. This leads to new problems.

In the past, for example, it would be sufficient to own the domain names swissarmy.ch and swiss-army.ch to protect the trademark SWISS ARMY, but today, it would also make sense for the Swiss Army to secure the domain names swissarmy.swiss, swiss-army.swiss, and army.swiss. The Swiss Army could also possess other TDL's like .com, .eu, .gvt etc. But the limit of reason is reached at some point - also in terms of costs.

In this sense, it is essential today to interweave trademark protection and domain name registrations together to form a meaningful whole. Domain names should be set up in the trademark department of a company.