A domain is a certain sequence of characters that is conditionally divided into its constituent units. For example, we use the domain name “freehost.com.ua”:
– ua – first-level domain
– com – second level domain
– freehost.com.ua – third level
This record also contains a zero-level domain. Such a domain is not explicitly specified, but is implied as an empty string ending with a period (“.”). That is, this is the part that could be specified immediately before “domain.com.ua”.
In 2019, the number of valid domain names passed the 314 million mark – each domain has become a means of individualizing individuals and legal entities that own websites for doing business. UA domains are considered to be subject to intellectual property rights. Unlike a trademark, which is registered in a particular country and applies to a specific category of products or services, a domain operates virtually all over the world.
When registering a domain name with the name of a specific brand (for example, Coca-Cola domain), all legal rights are reserved by the brand to which the trademark belongs, namely the Coca-Cola trademark. However, when a domain does not have a specific relation to a particular brand and refers to a general area (MUSIC.COM, CAR.COM, AIR.UA, etc.), it does not infringe any rights, but is considered a premium domain and has a huge value in itself. The INTERNET.COM domain was sold for $18 million, and 360.COM for $17 million. Therefore, if you have the opportunity to register a domain that will have a high value in the future, do not miss this opportunity.
Nowadays a website is not a luxury item, but an affordable necessity: you don’t have to create a website only if you have a company or a business project. Portfolio sites, blogs, and landing pages are a good opportunity to showcase yourself, your creative thinking, and your ability to create.
Domain registration validity period
Today, UA domain registration is carried out for the period of validity of the trademark certificate. To do this, you must have the appropriate Trademark Certificate. However, there is a certain threat that these rules may be changed. In this case, any person will be able to register any UA domain without any relevant documents. This practice has long been used in other countries. If you fail to register a domain name on time, there is a high probability that you will not be able to do it in the future without additional costs.
Do I need to register a domain in advance?
The fact is that there is already a practice of registering UA domains with the names of other companies, and then using them for various manipulations, including monetary ones. Also, you should not forget that besides your grocery store, there are other grocery stores that are also interested in registering a domain name that will correspond to the existing trademark (but in other classes, for example). Therefore, the sooner you decide, the better and cheaper it will be in the future.
What else you need to know about UA domain registration
The main difficulty in resolving conflicts with Internet resources is the determination of jurisdiction, since the domain itself, the server and other equipment may be located in different countries. Although local registrars are obliged to control those who are under the country’s domain extension, external borrowing or accidental coincidence in names is not excluded.
In addition, there are quite a few circumstances that affect whether a domain name is owned:
– delegation of a domain name – in fact, a long-term lease of a maintenance service
– the priority of the application for obtaining a domain name, as well as the availability of free variants and types of domain names. A matching check is mandatory for everyone who wants to get a new domain name
– the registrar is granted only the right to use the domain name, without registering the rights to such a domain as to a particular type of ownership
– difficulty in determining the owner of a domain name – in international cases, both the one who uses the domain and the one who maintains it are used. In fact, these are two different entities
– Jurisdiction of the dispute – depending on the country, the laws on domain name dispute resolution differ. Therefore, each of the parties to the conflict chooses the jurisdiction that is more favorable to it.
Despite a fairly large number of laws and regulations, international practice is constantly redefining domain name disputes, as such disputes are interpreted differently in each case.
Ukrainian reality in the field of domain name disputes
Since 2019, all issues and conflicts in the UA. domain zone have been resolved in accordance with the UA-DRP procedure, which regulates all the basic requirements and steps in resolving any dispute. The procedure is based on international practice and the norms of Ukrainian laws. Despite this, there are many nuances that complicate and slow down the domain name dispute process. The main criteria for filing a lawsuit are
– Identity or similarity of the domain name to the one owned by the claimant – even indirect similarity or consonance may well be the subject of a dispute
– lack of the registrant’s right or legitimate interest to use domain names
– unfair use of the domain name by the registrar (this point is very difficult to prove, since it is almost impossible to collect the necessary information base, except in very obvious cases)
At the same time, the process of domain name dispute resolution itself has a clear structure that is being followed to bring this type of conflict into a more familiar legal framework:
– obtaining data about the registrant within 2 days after filing a claim
– blocking the use of the domain
– dispute resolution period is about 60-75 days, unless any additional circumstances arise
Of course, in Ukrainian and international practice, independent arbitrators are often called upon to help resolve domain disputes by signing an amicable agreement without incurring unnecessary litigation costs.
UA domain registration is an important step for any organization or person wishing to present themselves in the Ukrainian Internet space. The UA domain not only emphasizes nationality, but also increases the credibility of a web resource among Ukrainian users. The process of registering a domain in this zone requires compliance with certain criteria, including the presence of a trademark for first-level domains, which adds security and protection of intellectual property.
In addition, UA domain registration provides access to a wide range of tools and services that facilitate website management and promotion. The use of the UA domain also contributes to better SEO optimization in the Ukrainian segment of the Internet, which can lead to increased website traffic and improved business results.
Thus, UA domain registration is a strategically important solution for those who seek to strengthen their presence in the Ukrainian digital space, ensure the protection of their rights and increase the efficiency of their online activities.
copyright / domain UA / intellectual property / registration
