Can I Regg a TradeMark cancelled Domain!!?

[Krisss]

Hi NamePros!!

I came across a domain name which is very catchy & hava great potential!!
Before registering it I just checked whether its TradeMarked.
Yes, it WAS a trademark and now its showing the TradeMark Status as : CANCELLED - SECTION 8 -Fri Oct 11, 2013 -Register Now!! (They meant to reg the trademark).
Am I going to face some legal problems / any kinda lash backs if i go ahead n register the domain!!?

I remember reading out somewhere in NamePros that a company won a domain in court after registering the TradeMark!!!

Please help me out in this!! "

 

[Ten10]

I remember reading out somewhere in NamePros that a company won a domain in court after registering the TradeMark!!!

IANAL.

If the trademark is cancelled, who is coming after you?

but you may want to check if any of the words in the domain name is a registered company name.

Personally, I would register the domain name, and register the trademark too, if it is worth it. If the words very registered before, they might be of value.

As for someone else registering the trademark later and using it to acquire the domain, yes it is a possibility but it depends on lot of factors.


I have read udrp post's where domain was not given to trademark owner or the registered company owner as the domain owner is not using it in bad faith or infringing on the trademark/class.

Trademark class also matters. If the domain name's website is not operating under the class for which the trademarked is filed, then I dont think there is any conflict.

If domain owner was to start listing ads related to registered trademark or try to grab traffic after the trademark was filed, then my guess is udrp would give the domain to trademark owner

I have also read udrp posts where the trademark owner was given the domain as the domain was not in use at all, so I guess putting up a come content is required.

 

[Name Trader]

Just because a TM is cancelled, doesn't necessarily mean the original TM owner doesn't still have a trademark. But yes. Usually when a TM is canceled, it's because they have closed their business with that trademark.