Digital IP – Trade Mark + dotBrand = The Ultimate Synergy?

Back in 1266, when London’s “Assize of Bread and Ale” required bakers to stamp their loaves with a unique mark to prove quality and origin, the idea of a company domain name didn’t even exist. The same was true centuries later, when France introduced the “Loi du 23 Juin sur les marques de Fabrique et de Commerce” in 1857, and also in 1875, when Britain passed its Trade Marks Registration Act - domains were still a long way off the horizon.

Registering trade marks to protect business interests and guard against unfair competition is now well established and integral to any new business or brand. Of course, all of this was established well before the internet, when there was no need to think about a digital strategy.

However, unlike in the 19th century, businesses and personalities now operate in an overwhelmingly digital-first economy. That shift raises a critical question: how well are your trade marks working together with your domain name strategy?

“Domains are not just technical addresses, they are a digital extension of your trade mark portfolio, and ignoring this relationship leaves brands exposed.”

 

When Trade Marks and Domains Don’t Always Align

Many companies underestimate how closely their trade mark and domain strategies should be aligned. A poorly coordinated approach creates risk, including:

• Customer confusion: If your trade mark and domain names don’t match, consumers may struggle to find you online. Competitors or opportunistic actors can take advantage of that gap.
• Weakened brand equity: Inconsistencies between your trade marks and domains dilute the strength of your brand identity across markets.
• Legal and financial exposure: Bad actors registering domains that mirror or resemble your trade marks can force you into costly disputes, recovery actions, or even reputational damage.

In short, domains are not just technical addresses, they are a digital extension of your trade mark portfolio. Ignoring this relationship can leave brands exposed.

Domains as Digital Trade Marks

We fundamentally believe that trade marks and domains are inextricably linked with each other. In fact, simply put, domain names are an extension of a trade mark portfolio, a way of registering and protecting “trade marked” IP in the digital world.

The scale of online commerce makes this link impossible to ignore. Shopify forecasts global e-commerce sales to reach $4.8 trillion in 2025. In such an environment, securing domains that align with your trade marks is as fundamental as registering the trade mark itself. Few would dispute this today.

“The upcoming dotBrand round is a once-in-a-decade chance for businesses to stop playing catch-up and instead set the pace in the digital marketplace.”

dotBrand: The Next Step in Digital Brand Control

If trade marks protect your brand in the “real” world and domains extend that protection online, then a dotBrand represents the ultimate alignment of the two.

With the second round upon us, it is difficult to envisage a clearer opportunity for brands to do what many have wanted to do for years: register and control a digital asset that perfectly mirrors their trade mark in the “real world”. A dotBrand is essentially your trade mark as a top-level domain, and that sends a clear message to business partners, consumers and bad actors in equal measure: this is my piece of the internet and there is nothing you can do about that.

The benefits are clear:

• Trust & authenticity: A dotBrand tells partners, consumers, and even bad actors that they are interacting with you, and only you.
• Control & security: You decide who can use your namespace and how. No more disputes with cybersquatters or reliance on defensive registrations.
• Future-proofing: Digital natives increasingly expect clarity, authenticity, and security online. Owning your dotBrand meets these expectations head-on.

A Defining Opportunity for Brands

The last new gTLD round took place in 2012. Thirteen years later, the digital landscape has transformed: online channels dominate commerce, digital natives are entering the workforce, and threats to brand integrity are more sophisticated than ever. Brands are constantly playing catch up with evolving technologies and ecosystems.

This makes the upcoming dotBrand round one of the biggest opportunities for brands to do just that - catch up, or more importantly, get ahead. Unlike 2012, this time the stakes are higher, the technology, audiences and brands are more mature, and the potential upside is greater.

Brands will be able to be controlled but courageous, balanced but bold, aware but ambitious. Being in control means making a balanced choice while being aware of the options, challenges and benefits.

Applying for a dotBrand requires foresight, courage, and ambition. It’s not for every business, but every business should at least seriously consider it as a necessary and relevant option. For those ready to lead, a dotBrand offers the chance to not just keep up with change, but to set the pace.