Domain Trade mark

[Nam]

I have register a domain last year and I have find out that a company have just register a trade mark the same as my domain. Is it any problem for my domain ? I registered the domain befor the trade mark register some months.

 

[.X.]

Unfortunatly you are on the losing end,They will most likly either file UDP With UCANN or may ask you to sell them the name,In the rare case,You might ask them for permission to continue to use the name,And they might grant it.Get it writing for sure.This is where the system is messed up IMO,If a company files a TM and is rewarded it,But in no way uses it for net means,Then i think TM issue is irrelevent,Like a company that would use a gambling name to supply ATM machines to casinos,They aren't related to the casino gaming itself.But they still hold the word mark rights.I think the reason most companies take action on thier word mark is because they fear the net user giving them a bad rep,If they have no net ties with it,That's all i can figure out.Not really fair,But nothing we can do.

 

[Veolus]

I would consider that unfair if you happen to register a domain before they registered the trademark.. that's completely unfair!!

 

[.X.]

I know,It really stinks,They figure they are shelling out about 3k after filing,Lawyers fees ect for the TM .So i guess they feel the word mark is soley thiers no matter if it's a carpet cleaning service using a casino name.Actually once awarded,The word mark is thiers for the duration they keep it alive.

 

[Nam]

In fact I know for sure that I will use the name for my future business and it is not related to that company business. For the moment, I have not opened the website.

 

[Dave_Z]

If your use for it is totally different from the trademarked party, you have a
chance of keeping it. A party secures a trademark to strengthen their brand
for a specific market, not to exclude other parties from using the same word
but for a different purpose.

Of course, that won't necessarily stop some from thinking farther. So it pays
to be ready for the worst case scenario.

You'll have more chances if you're prepared to prove how you're going to use
it, and not just by saying you're going to use it for this or that.