IT.COM

Buying a name in ccTLD that is not trademarked

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I recently bought a nice .co.uk name but it's .com had already been sold.

Subsequently, I checked the USPTO db and found that the name is not trademarked (it is a combination of two words). So, my next question is -- if the name is not already trademarked, and if the buyer of the .COM trademarks it later would I have to surrender my .co.uk.

Conversely, should I trademark the name now, and consequently would the seller have to give up his .COM later ?
 
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The views expressed on this page by users and staff are their own, not those of NamePros.
Establish prior use in a niche with your domain by developing it. Try to avoid the same topic as the com if it is developed, or make it appear different. Use ads carefully.

andyr
 
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If you develop your site in a non-descriptive way you can develop common law tm rights in the US, at least. Then if they try to enter the same market you are in, then you will have a case (no guarantee). If they develop first, and you try to enter their market with the same name, then they will have a case. Nothing is guaranteed but develop early and fast and you will significantly improve your odds of being able to udrp them should they enter the same market (unless you use it for the descriptive meaning of the phrase, then you can't claim tm rights in most cases).
 
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USPTO = USA
.CO.UK = UK

Check the relevant UK trademarks etc, but generally speaking unless you use your .UK domain to abuse other peoples rights you ought to be fine :)
 
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