BlackDiamond

I notice that when some companies and individuals list domain names for sale, one of the conditions of buying the domain name is indicating that the purchaser no trademark or claim to the domain name. Why is that a requirement? If I did have an existing, live, and enforced trademark on the domain name prior to its registration, there wouldn't be a sale unless I wanted to negotiate a settlement to prevent legal action from being taken. Furthermore, if I were to apply for and be approved for a trademarked term in the domain name, that wouldn't magically give me the right to acquire a domain name, so why does the buyer have to agree to something with that requirement to work with some companies?

Also, if I buy one of the domain names offered by companies like these, does that mean it will be impossible for me to register a trademark for it later and claim use of the trademark prior to the domain name changing hands?

co2

I M O thay probaly own simular names, and want to sell the others. So condition of sale no TM' ing

BlackDiamond

Thanks for the answer. What would one do in that instance? If a buyer already owns the trademark and approaches that seller, the buyer cannot buy the desired domain name, even if that individual is the logical enduser and has no designs on any of the "similar" domain names.

co2

Sorry B D Can't quite get the drift of what you are saying. Do you own the domain, thay want ? [ don't reveal it ]

BlackDiamond

Actually it's the inverse. I was thinking of buying a domain name, then wondering if I could protect the term in the domain name in the future by trademarking it.

However, from what I've learned about trademarks that doesn't seem possible. Still, thanks for the answer.