Can a domain name constitute evidence of use of a trademark?
The answer given by the Colombian Trademark Office was: No.
Within a cancellation for non-use action initiated by our client MARRIOTT WORLDWIDE CORPORATION against the trademark DELTAMEDICINE + DESIGN to cover services of International Class 44, the Trademark Office established that, although the use of a trademark on a domain name allows to infer that its owner is positioning its services and/or products on the digital market, mere fact by itself is not enough to prove the real and effective use of a trademark registration from a legal point of view.
Thus, the mere domain name is simple evidence of an intention from the owner to promote the trademark, notwithstanding, to avoid cancellation, actual use must be proven.
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