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discuss Is a transferred domain considered TM if its creation date is earlier than the date of registration

NameSilo

Dotorium

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Dear All

my question is as below:

Is a transferred domain considered TM if its creation date is earlier than the date of registration in the TM registry?

Thank you for your feedback
 
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karmaco

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What do you mean by transferred? If you mean transferred into your account (not the original owner) you have to take extra precaution of not putting on a page with any ads. It all depends on the name in question, if super generic and applicable to multiple niches you should be good just don’t contact TM owners.

Date of first in use if listed should be looked at not just date of TM.
 
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Not sure if that's what you mean, but if the domain was registered before the TM registration but changes the owner after that, then that can definitely be taken into account if it's hit with UDRP.
 

Dotorium

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What do you mean by transferred? If you mean transferred into your account (not the original owner) you have to take extra precaution of not putting on a page with any ads. It all depends on the name in question, if super generic and applicable to multiple niches you should be good just don’t contact TM owners.

Thank you for your reply

i have a domain that i bought from another domainer who bought it in 2013 TM registry in 2017 and i bought it in 2018 from him the whois changes but same registrar so the date in still 2013
 
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i have a domain that i bought from another domainer who bought it in 2013 TM registry in 2017 and i bought it in 2018 from him the whois changes but same registrar so the date in still 2013

In that case the registration date is irrelevant, i.e. doesn't automatically "protect" you from being accused of bad faith.
 

Dotorium

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In that case the registration date is irrelevant, i.e. doesn't automatically "protect" you from being accused of bad faith.

ok thanks very complicated issue
 
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karmaco

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Thank you for your reply

i have a domain that i bought from another domainer who bought it in 2013 TM registry in 2017 and i bought it in 2018 from him the whois changes but same registrar so the date in still 2013

This occurs all the time. In most cases, as long as you proceed with caution or even don’t have a landing page if its a very prominent name their reasons to be able to bad faith you are diminished. pb is correct there is always a chance someone tries a UDRP but there is a chance if you are the original owner as well. Calculated risk.
 
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karmaco

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They get the owner info when a UDRP is filed. Privacy means nothing.

Yes, but privacy makes it hard to determine for how long the current owner has had the domain, specifically if their ownership predates the TM or not.
 

Dotorium

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This occurs all the time. In most cases, as long as you proceed with caution or even don’t have a landing page if its a very prominent name their reasons to be able to bad faith you are diminished. pb is correct there is always a chance someone tries a UDRP but there is a chance if you are the original owner as well. Calculated risk.
I the domain is and was registered under whois privacy, your best bet might be not responding to UDRP in the hope that the panel won't be able to determine if the domain changed hands and will have to assume otherwise. See here for an example: https://www.finnegan.com/en/insight...der-the-gdpr-complicates-udrp-complaints.html of course each case can be vastly different...


The panel noted, however, that the nature of WHOIS update was not disclosed; moreover, it did not appear to coincide with any change in the domain’s website. This made it impossible to prove when or whether the domain had ever changed hands. Accordingly, the panel determined that it could not find that the domain had been registered in bad faith, and the complaint failed.


great this is great since i have never showed my infos with the privacy i think i am in that case
 

DNCounsel.com

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In that case the registration date is irrelevant, i.e. doesn't automatically "protect" you from being accused of bad faith.
Agree
 

DNCounsel.com

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