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Can I register domain that has an abandoned trademark?

Labeled as question in Legal Discussion started by Nahdism, May 5, 2018.

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  1. Nahdism

    Nahdism Established Member

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    Dear friends,

    I am looking forward to registering an expired domain name. After a brief research, I found that it was previously trademarked but abandoned a year or two ago. Hence the website too expired.

    My pure intention is to sell it to an end user or a reseller (either in developed state or undeveloped state).

    The website has no backlinks nor searches, no rankings, nothing, this means that the original owners weren't able to develop the domain. And it was kept idle. I am trying to find the owners ( to get a hint if they are going to pursue their project anytime in future) but they don't seem to be found anywhere on the internet.

    Should I go ahead and register it. Is it going to cost something to the end-user who would be acquiring it? Or should I not care about the end user's fate and just register and sell it carelessly?

    All inputs appreciated. Thanks in advance for the advice.

    Have a great day :)
     
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  2. IMEZI

    IMEZI Top Member VIP ★★★★★★★★★★

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    are you sure they were abandoned? any legal filing? banckrupty? if there is any legal written document about this abandone then you might go and register it. But if this abandone were only website expired it could be prone signal, inactive business might be reinstate...
     
  3. Nahdism

    Nahdism Established Member

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    I see this message at the Justia Trademarks site:
    Status: 606 - Abandoned - No Statement Of Use Filed

    The last two events are as follows:
    ABANDONMENT - NO USE STATEMENT FILED
    ABANDONMENT NOTICE MAILED - NO USE STATEMENT FILED
     
  4. BaileyUK

    BaileyUK Established Member

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    It's good to read you've carried out the basic checks Nahdism. So many less enlightened domainers wouldn't even know what or where to check.

    I've registered a few domains of abandoned or cancelled trademarks in the past, and from the details you've posted you should be completely in the clear. it reads to me that the original mark was filed with No follow-up of the classes and usage filed (as required for the mark to become active) Different Countries will allow varying but, reasonable amount of time for the original applicant to submit Classification. No response = abandonment and No trademark was ever active

    if you've checked there is no other trademark active (and it is the applicable and filed classes that are relevant not the overall wording of the trademark) then I would go ahead without any concern.

    It's the nice thing about most westernized trademark databases, they stretch back years. be aware some old cancelled TM holders do chance their arm if they see a successful domain usage. But that's only because they don't have a clue about their original right and obligations of filing in the first place.

    I personally check both the European and US databases, just to be on the safe side
     
    Last edited: May 6, 2018
  5. nomen

    nomen Active Member VIP

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    Agree with @BaileyUK, wouldn't be too concerned. I've registered many domains with exactly the same TM status.
     
  6. frank-germany

    frank-germany F1lter.com xpired domain search engine Gold Account VIP

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    you can register that domain
    just be careful which content you add
    I would avoid parking


    no legal advice
    I am no lawyer
     

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