Trade Mark?
Not necessarily.
If your web-site is a well-known brand, even if that is
only in a particular industry, then many countries provide you with
rights which protect you. A major example is the UK law of
"passing off", and Trade Mark laws in most countries will prevent
anyone from registering a Trade Mark which is identical to a
"mark" for similar goods or services.
Conversely ICANN and the national domain registration authorities
will support you in your bid to prevent someone using a domain
unfairly against you if you have a reputation and Trade Marks.
If your domain is solely descriptive such as www.laptops.com you
are unlikely to be eligible for a Trade Mark anyway because most
Trade Mark Offices would agree that the word "laptops" should be
available for everyone to use. To a certain degree commonsense
can be a guide in this area of law.
Ownership of one of the Domain or Trade Mark does not imply a
right to the other - although in general, the more reputation you have
under a name the more likely a court will find in your favor. This is
really a whole topic to itself.
Nothing on this site constitutes legal advice, an offer, an offer to treat or a legal relationship.
Always check with your IP consultant.
