Trademark protection in the digital age: key issues and best practices
Written by Antony26/11/2025 In summary
- Anticipate before harm occurs : register your key domain names, including variations, as soon as you file your trademark.
- Monitor continuously: set up online monitoring for domain names, social networks, and marketplaces.
- React quickly: have a clear plan, defined procedures, and expert support to contain damage effectively.
Dreyfus law firm supports businesses in securing their digital presence by combining legal strategy, technical governance, and proactive monitoring.
Introduction
In today’s digital world, visibility drives reputation and growth , but it also exposes trademarks to ever-increasing risks.
The thematic report published by the French IP Office (INPI) entitled “Trademarks and online presence: effectively protecting against digital infringements” has highlighted the wide range of digital threats faced by trademark holders trademark: cybersquatting, typosquatting, phishing, spam, identity theft on social networks, and counterfeiting on marketplaces.
Yet, these attacks can be anticipated and managed effectively through a structured strategy.
With more than 20 years of experience in intellectual property, this article explores the key risks, preventive measures, and best practices for effective trademark protection.
Dreyfus law firm helps companies move from a reactive approach to a proactive and resilient trademark protection strategy.
The main risks for a trademark online
- Cybersquatting: registration of a domain name identical or similar to a trademark, often to divert traffic or resell it at a high price.
- Typosquatting: creation of domains with slight spelling variations (e.g., “goggle.com”) to deceive users and collect their data.
- Phishing: fake websites or emails imitating a trademark to steal confidential information.
- Spam: mass email campaigns using domain names resembling the trademark, damaging its image and deliverability.
- Counterfeiting on marketplaces and social media: unauthorized products sold under the trademark’s identity.
- Identity theft: fake social accounts created in the trademark’s name to mislead consumers.
These risks combined can erode consumer trust, damage SEO performance, and severely impact trademark reputation.
Prevention: anticipating the threats
Register strategic domain names
We recommend securing domain names at the same time as filing a trademark.
Best practices include:
- registering major extensions (.com, .fr, .eu, etc.);
- reserving orthographic or phonetic variants;
- considering new relevant extensions (e.g., .shop, .tech).
This proactive approach reduces exposure to domain-based attacks in a first-come, first-served environment.
Set up active monitoring
Continuous monitoring helps detect:
- registrations of domains similar to your trademark;
- fake social media accounts;
- counterfeit products sold online.
Quick detection enables faster action and minimizes damage.
Secure your digital assets
- Implement advanced security protocols (DNSSEC, HTTPS, DMARC, SPF, DKIM, MFA).
- Manage subdomains and redirects with strict internal rules.
- Integrate cybersecurity into trademark governance.
Dreyfus law firm also advises establishing a digital asset inventory, assigning responsibilities for each domain, and maintaining updated records.
Responding to an infringement
Identify and assess the infringement
When a potential infringement is detected:
- determine the infringement type (cybersquatting, phishing, counterfeiting, etc.);
- assess the level of urgency and potential damage;
- identify the responsible party or domain holder.
Take immediate corrective actions
- Request the suspension or transfer of the abusive domain through a UDRP or local procedure.
- Report fake accounts to platforms for prompt removal.
- Inform customers and partners transparently if their data or trust might be affected.
- Launch a controlled communication plan to mitigate reputational damage.
Learn from every incident
Each incident is an opportunity to strengthen internal processes:
- update security and governance procedures;
- expand domain portfolio coverage;
- provide regular staff training;
- record incidents and outcomes to refine prevention.
The digital protection checklist
- Map all official domain names and social accounts.
- Reserve key domains and critical variants.
- Activate DNSSEC, DMARC, HTTPS, and other core security measures.
- Establish a multi-channel monitoring system (domains, social media, marketplaces).
- Define a clear emergency response plan.
- Train employees to identify early warning signs.
- Measure key indicators: detection time, resolution time, and avoided costs.
Why this approach matters
A valuable intangible asset
Your trademark is more than a name ; it’s a strategic intangible asset.
Losing control online can destroy years of investment in trust and reputation.
A lever for trust and compliance
Consumers, partners, and authorities expect digital environments that are secure and transparent.
Robust online protection enhances credibility and demonstrates compliance.
A lasting competitive advantage
Prevention is always cheaper than crisis management.
Trademarks that anticipate risks gain in resilience and long-term performance.
How Dreyfus law firm supports companies
Dreyfus law firm helps trademark owners build a robust digital protection framework through six pillars:
- Risk audit: identifying vulnerabilities and prioritizing actions.
- Portfolio strategy: planning domain registrations and defensive coverage.
- Governance: defining internal policies for domain management.
- Monitoring: tracking domains, social networks, and marketplaces.
- Crisis management: legal and technical assistance during an infringement.
- Training: educating internal teams about digital threats and best practices.
With recognized expertise in intellectual property and digital law, the firm operates at the intersection of legal strategy, technology, and cybersecurity, in France and internationally.
Conclusion
Protecting a trademark online is no longer optional, it’s a core element of corporate strategy.
By combining preventive measures (registration, monitoring, security) and rapid response protocols, companies can reduce their exposure and strengthen customer trust.
Dreyfus law firm works alongside businesses to design and implement strong, adaptable digital protection strategies aligned with their global ambitions.
Q&A
What is cybersquatting?
It’s when a third party registers a domain name identical or similar to a trademark, intending to divert traffic or resell it.
How can a trademark protect itself online?
By combining trademark registration, strategic domain reservations, security protocols, and continuous monitoring.
What should I do if someone impersonates my trademark?
Gather evidence, identify the domain holder, and launch a UDRP or contact the relevant platform to request the blocking, deactivation or transfer of the domain name.
Why monitor social media?
Fake accounts can damage trademark trust, spread misinformation, or defraud customers , early detection is essential.
What does Dreyfus law firm offer?
The Dreyfus law firm helps companies design and implement legal and technical strategies for protecting and managing their trademark online.
