legal Can an American Trademark affect a European ccTLD?

[nikitas]

For example. If I register the Greek 'example.gr' ccTLD, would the holder of the American 'example®' trademark be able to sue me and take my domain?

 

[ceecil1959]

It depends if the America trademark covers America and the rest of the world. A trademark has two parts, the log and text. If they trademark the domain, that is one part of it. Most Trademarks have to have a class or many classes. Each class describes a category of good like apparel and what is within that apparel minus what is not include - mittens, gloves, woollen hats... minus surgical gloves, surgical hats etc. Basically, it depends on the details of the Trademark and whether it has included Greece as a country where it has been registered and approved.

 

[konolo]

For example. If I register the Greek 'example.gr' ccTLD, would the holder of the American 'example®' trademark be able to sue me and take my domain?

Companies tend to do that, I mean they try to shut you down. Usually they send you a very harsh 'cease and desist' letter where they demand you give up your domain or they take you to the court. Some people are getting scared of that and naturally give up their domain names. But you shouldn't. If the domain was registered before the trademark, or that particular trademark covers some other countries but not yours, it's okay, they can't really do anything about it

 

[Theo]

For example. If I register the Greek 'example.gr' ccTLD, would the holder of the American 'example®' trademark be able to sue me and take my domain?

Γειά σου Νικήτα.

The European angle to trademark registration differs from the US variant. In most European countries, the first to file receives priority to the applied for rights; in the US it's first use that counts.

There's no simple yes/no answer to your question. In order to safeguard your .GR you need to use it. If you get a Greek trademark, extend that to a EU/International registration, and apply for one in the US (remember: use of the mark, or existing international mark must be in place.)

As always, consult with an attorney. I am not one.