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4. How does a trademark differ from a domain name?
A domain name is the Internet address that can be obtained from the Public Entrepreneur-
ial Body Red.es (www.dominios.es). Whenever a name that conicts with a trademark is
registered, legal protection can be obtained either before the courts or though the arbitra-
tion system established by the World Intellectual Property Organization.
Second-tier domain names under ‘.es’ will be assigned based on the order in which appli-
cation was submitted. Domain names that have been previously assigned may not be
applied for. They also have to comply with norms governing syntax and cannot include
reserved terms included in a series of lists (Internet terms and terms related to national or
international institutions), pursuant to the corresponding legislation.
At the third level, domain names can be assigned under the following designations: ‘.com.
es’, ‘.nom.es’, ‘.org.es’, ‘.gov.es’ and ‘.edu.es’. These third-tier domain names will be as-
signed based on the order in which the application was submitted. Domain names that
have been previously assigned cannot be applied for. When assigning domain names
under the ‘gov.es’ and ‘edu.es’ designations, compliance with the legitimation require-
ments laid down in current legislation in force will be veried rst, as well as compliance
with syntax rules. Third-level domain names under the ‘.com.es’, ‘.nom.es’ and ‘.org.es’
designations also have to comply with norms governing syntax and cannot include re-
served terms included in a series of lists (Internet terms and terms related to national or
international institutions), pursuant to the corresponding legislation.
Registration of rst-tier domain names under the .com, .org and .net designations is not
subject to any type of preliminary check. They are assigned on a “rst come rst served”
basis, in this case by ICANN, based in California.
5. How does a trademark differ from an industrial design?
A trademark is a sign that serves to distinguish goods or services and may include two-di-
mensional and three-dimensional shapes. An industrial design is an exclusive right grant-
ed over the aesthetic appearance of a product, and it has requirements that are different
to those of a trademark. Two-dimensional shapes (for example, the pattern on a tie) and
three-dimensional shapes (for example, the shape of a suitcase, the body of a car) are
susceptible to protection.