Need Advice

[SachinG]

Hi,

I have registered a domain about 2 years ago (2013) (etc... namehunk.gTLD) and someone has registered its trademark in 2015 does it something i should care about?


Regards

 

[ulterios]

Do you have a site on the domain?

Is the Trademark for the same/similar field that your site is? (If there is one)

 

[gilescoley]

You are fine if you owned the name before the TM was filed

 

[SachinG]

Only Domain NO Site.

 

[ulterios]

Only Domain NO Site.

Well if you aren't using the domain for anything and they do have a Trademark, it could potentially be an issue.

There have been cases where an owner of a domain lost the domain due to TM issues/infringement.

It just depends on the TM owner, the field/niche they are in, and if you start using that domain and making money from TM infringement.

Most of the time you will be ok, as long as you don't go getting rich from it if there are TM issues/concerns.

Parking a domain and serving ads related to the TM holders field/niche is considered profiting from the TM holders TM. Usually there is no problem, but it can happen.

 

[SachinG]

Shall i contact the company and sell domain to them? What should i do?

 

[Beezy]

Well you may still have time to dispute the trademark. Check, fast.

 

[gilescoley]

Just makes sure you have no parking ads on it

I know some people use the whole "I was planning on developing it and now that project has been put on hold blah blah...would you be interested in purchasing the name?"

If you are sure you regged the name before the TM, then why not email them and see what happens.

 

[SachinG]

No there are no ads on the domain. Yes i'm 100% sure i registered domain in 2013 and TM registered in 2015 i have checked the Certificate (Registered In 2015 & Expiring in 2025).

I'm confused between contacting them, deleting domain and keeping domain

 

[ulterios]

Shall i contact the company and sell domain to them? What should i do?

You can, it sometimes works out and sometimes not. It's a gamble either way.

What were your plans for it? Selling it?

Is it a higher value domain, a lower value?

 

[SachinG]

I received 2 enquiries for this domain 1 in Jan 2015 (Via GD) & 2nd in Feb 2015 (DomHub). TM were registered in April 2015. Estibot Value is 250USD

 

[ulterios]

I received 2 enquiries for this domain 1 in Jan 2015 (Via GD) & 2nd in Feb 2015 (DomHub). TM were registered in April 2015. Estibot Value is 250USD

Don't even think about estibot, it's a waste of time.

I am not a TM lawyer (or any lawyer) so I can't and won't tell you what to do.

However, if they were mine, I would hold onto them and try to sell them elsewhere (not approach the TM holder) and just make sure there isn't any ads or anything else that can be looked at as TM infringement. I would try other avenues of trying to sell them, and if I couldn't find a buyer, THEN I would approach the TM holder. If they make a big fuss about them, then I would say that they can have them. Just what I would most likely do, I am not advising you as to what to do. That's your choice.

As long as you don't go marketing them and using the TM as a selling point in any way.

 

[d-e-x]

You are fine if you owned the name before the TM was filed

Nope, that is not true. Check the UDRP and you will see.
I have lost a very nice domain this year. Same case.

 

[SachinG]

Nope, that is not true. Check the UDRP and you will see.
I have lost a very nice domain this year. Same case.

What do you suggest? Delete the domain?

 

[d-e-x]

What do you suggest? Delete the domain?

Delete? Not yet.
Do you received cease and desist letter from anyone?

 

[SachinG]

Delete? Not yet.
Do you received cease and desist letter from anyone?

No Not yet

 

[d-e-x]

No Not yet

Super
Don't make a noise and try to sell it quickly

 

[d-e-x]

I forget, and don't email them, don't try to sell them

 

[Dream Big]

Nope, that is not true. Check the UDRP and you will see.
I have lost a very nice domain this year. Same case.

Did the landing page had ads.. thats why you lost the case?

 

[SachinG]

No didn't parked the domain since beginning & still it has nothing to show (Site OR ADS)