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Does it make sense to register TM

Located in Legal Discussion, started by PatrickV, Oct 31, 2020

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  1. PatrickV

    PatrickV Established Member

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    I own two .com domains that can become brands, is there any reason that i should register already TM's for them? This is imo the duty of the buyer/s of my domain/s ...
     
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  2. NickB

    NickB Wales.org VIP

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    Waste of time and money....

    Why would you want to pigeon hole your domain into one category/industry, you would have to pick one for the TM and this could potentially put off other buyers in other industries or will just create confusion.......possibly leading to pointless questions

    Keep it simple and let any potential buyer worry about trade marking the domain/s.....
     
    Last edited: Oct 31, 2020
  3. gilescoley

    gilescoley Top Member PRO VIP ★★★★★★★★★★

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    You bought them to sell them didnt you? The new owner will file a TM if he wants to.
     
  4. PatrickV

    PatrickV Established Member

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    Yes, indeed!
     
  5. karmaco

    karmaco Top Contributor VIP

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    While it might be legal, to me it’s disingenuous to register a trademark that you have zero intention of using as a business in the hope of selling it. I think you would have to prove at some point that it is being used and not some empty vessel. I know some do this but I would not.
     
  6. xn--009h

    xn--009h Established Member

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    Not sure if I can do this, but a good conversation.
    I registered SurfCost
    cost comparison,
    Then just added tm
    SurfCost™️.com
    and i
    SurfCostℹ️.com
    Because I wouldn't want anyone to have that leverage over me.
     
  7. WatchDogue

    WatchDogue Top Contributor VIP

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    If my name I would not TM it - prefer to - buy - price - sell & let the new owner decide a names' future including TM
     
  8. jberryhill

    jberryhill Top Member John Berryhill, Ph.d., Esq. PRO VIP ★★★★★★★★★★

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    In what country are you located?
     
  9. PatrickV

    PatrickV Established Member

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  10. NickB

    NickB Wales.org VIP

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    Maybe my Geography has gone to pot but isn't Europe a continent.......not a country....

    It's like me saying I live in Eurasia when I'm in the UK O_o
     
  11. PatrickV

    PatrickV Established Member

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    Belgium
     
  12. topdom

    topdom Top Contributor VIP

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    Register TM, and sell for 5 figures, and then file UDRP, get back the domain, and sell again for 5 figures (it won't work).
     
  13. jberryhill

    jberryhill Top Member John Berryhill, Ph.d., Esq. PRO VIP ★★★★★★★★★★

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    Well, yes, but it is also a regional multi-national political entity with its own trademark registration system:

    https://euipo.europa.eu/ohimportal/en

    Apart from the system that Belgium shares with the Netherlands and Luxembourg:

    https://www.boip.int/en/entrepreneurs/trademarks

    So, in addition to "why", a relevant question is also "where".

    Trademarks are not monopolies on a string of characters, however. So the other relevant question would be to register a trademark "for what goods or services?"

    Whether something "makes sense" ultimately depends on what one is attempting to accomplish.

    For example, I can ask "Does it make sense for me to get a kidney transplant?" In order to answer that question, there are probably a few things you'd want to know about me and my kidneys. Like, say, what sort of problems, if any, I've been having with the ones I already have, and how much kriek lambic I've been running through them while watching cyclocross from home instead of getting out to Oudenaarde this weekend past, due to the ban on spectators.
     
    Last edited: Nov 2, 2020

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