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Le nom de domaine est un complément incontournable de la marque. La règle en matière de réservation de nom de domaine étant celle du « premier arrivé, premier servi », les bureaux d’enregistrement ne vérifient donc pas l’existence d’un droit antérieur comme une marque. Le fait d’être propriétaire d’une marque ne permet donc pas d’empêcher qu’un tiers la réserve en tant que nom de domaine.
Une marque est un signe distinctif qui désigne des produits et/ou des services. Elle véhicule l’image de l’entreprise et sert de point de repère au consommateur. Elle peut être enregistrée par un particulier ou par une entreprise pour une durée de 10 ans renouvelable.
Une marque n’est valide que si elle est distinctive c’est-à-dire qu’elle n’est pas composée uniquement de termes liés à l’activité de l’entreprise.
si elle est licite, c’est-à-dire qu’elle n’est contraire à l’ordre public et aux bonnes mœurs
si elle n’est pas déceptive, c’est-à-dire qu’elle ne trompe pas le consommateur sur les qualités, l’origine et la composition des produits et/ou services désignés
si elle est disponible, c’est-à-dire qu’elle ne doit pas porter atteinte à un droit antérieur détenu par un tiers comme un droit de marque, une dénomination sociale, un nom de domaine….
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