.ie domain not being used - can it be claimed

J

Jackie D

Registered User
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Hi,
I will be importing a product for a new business. I was hoping to use the product name with a .ie domain but it is being held since early this year. There is no company trading using this .ie domain.
May i claim it? I thought .ie domains can only be held for a month without trading? Thanks
 
Jackie D said:
Hi,
I will be importing a product for a new business. I was hoping to use the product name with a .ie domain but it is being held since early this year. There is no company trading using this .ie domain.
May i claim it? I thought .ie domains can only be held for a month without trading? Thanks
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not unless you have rights to the name (i.e. a trademark)
 
What if the company in the US have the name trademarked and i import from them? example "coffee cup" is the registered trade mark and coffeecup.ie is on hold?
 
Jackie D said:
What if the company in the US have the name trademarked and i import from them? example "coffee cup" is the registered trade mark and coffeecup.ie is on hold?
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Do they hold an irish trademark for "coffee cup" ?
 
I'll find out.. It could be that they have an international trademark.. Like Coca Cola etc..

Speaking of trademarks.. If there's 5 companies in ireland with the same name ie "coffee cup" and you were to open a business with the same name.. Can you trademark the name "coffee cup"? and if so, do the other 5 companies then have to change their name?
 
Jackie D said:
I'll find out.. It could be that they have an international trademark.. Like Coca Cola etc..

Speaking of trademarks.. If there's 5 companies in ireland with the same name ie "coffee cup" and you were to open a business with the same name.. Can you trademark the name "coffee cup"? and if so, do the other 5 companies then have to change their name?
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Not sure on that, but i'd be surprised if you could.

On the domain thing have a read here : [broken link removed]
 
I would be very surprised if the IEDR would take it back off them and give it to you. The IEDR check all registrations for legitamacy when they are registered. Do you have a company setup with the same name, that might give you some standing and especially if your company was setup before the domain was registered?

You could always contact the company thats holding it, ask them if they intend to use the domain. I did that and bought it off a company for 300 euro. I know its a bit more than the standard price but i was happy to get it, they were happy to get something of it.
 
The IEDR check all registrations for legitamacy when they are registered.
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You must be joking. Anyone paying €20 to the cro can register a business name and then obtain the domain name. No further checks are done.

If you want to dispute IEDR tell you to go to WIPO and slog it out there at your expense.
 
How do you know the domain isn't being used? They could use it for e-mail, or as a test server, or whatever.

You need to figure out another domain to use, or try to get them to voluntarily give it to you.
 
bond-007 said:
You must be joking. Anyone paying €20 to the cro can register a business name and then obtain the domain name. No further checks are done.
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They might not check legitimacy per se but they won't let you register a name that is too similar to an existing one so if there were other companies with 'coffee cup' in their title, the OP might have difficulty registering a further version. I had endless back and forth emails (via lawyers) when trying to come up with a company name - anything too similar to an existing wasn't going to be allowed.
 
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