Trademarking Question...

[Woodcs82]

If i Trademark a name in USA and Euro. can i aquire this name by default, since i own the trademarked name?

Anyone know?

Thanks!

 

[IAmAllanShore]

In short: No.

You might want to move this to the legal issues folder, btw.

-Allan

 

[Woodcs82]

didnt know of that folder and not sure how to move it

 

[Dave_Z]

didnt know of that folder and not sure how to move it

Just tell the mods: RJ, CoolJeff, or armstrong. They'll do it almost instantly.

Like IAmAllanShore says, you don't automatically own the domain name once
you have a trademark for the word/s itself. You still have to register the name
at your desired registrar.

 

[RogueWriter]

If someone else has an active domain before you apply for a trademark, my guess is you'll have a pretty doggone hard time acquiring the domain.

 

[Woodcs82]

but if the domain is registered and you own the trademark ....what do u do?

 

[Dave_Z]

but if the domain is registered and you own the trademark ....what do u do?

Simple: if you're that darned crazy to get the name/s in question, do any of
the following:

1. Negotiate with the current owner. If it fails, then:

2. File a UDRP. You might have to retain qualified legal services for this. If it
fails, then:

3. Go to Court. That's what they're there for. If it fails, then:

4. Give it up and move on.

Just bear in mind that the current owner may have a legitimate use for it. All
is fair in love and war.

 

[Woodcs82]

yes but...

If the current owner is NOT Trademarked, then something can be done.

Right?

 

[Dave_Z]

If the current owner is NOT Trademarked, then something can be done.

Right?

Can? Yes.

Will? Maybe, maybe not.

Does having a registered trademark grant you absolute exclusive use of it,
meaning no one else can use the word/s in other fields other than the class
you got the mark for? I can't say because it depends on various factors.

Other people can register domain name variations of the word/s in question,
and how they use it is up to them. If you feel they're doing something that is
detrimental to you intentionally, then you may have grounds for trying to get
the name/s from them.

Are you strongly considering getting the name/s in question? If yes, then why
not try doing what I suggested above?

1. Negotiate with the current owner. If it fails, then:

2. File a UDRP. You might have to retain qualified legal services for this. If it
fails, then:

3. Go to Court. That's what they're there for. If it fails, then:

4. Give it up and move on.

Actually, you can give up and move on after any of the first three. But may I
ask 2 important questions, namely:

1. Is the domain name/s in question that important to you?

2. If yes, why?

 

[RogueWriter]

Now, just to get this right, if I have had a site called boogiewoogiecomputers.com for eight years, then some guy comes along and trademarks boogiewoogiecomputers , I do not believe he can get the domain from the current holder. I mean, in a court fight wouldn't the trade mark's validitiy come into question? I mean, first use matters, doesn't it?

 

[Woodcs82]

Dave,


One name is important to me because it is my first and last name and i need it. They arent even using the website.

The other name is important to me because i need it for business, its the city i live in and will help me out extremely well.

So if there is a way threw an attorney, i will do what ever i can to get... www.MyName.com and www.MyCity.com

Any Help on this is appreciated

 

[jberryhill]

threw an attorney

I hope your attorney doesn't weigh much. I know you wouldn't be able to throw me very far.

Although, you could probably throw me a lot further than you could reverse-hijack these domain names.

No, you can't just wander through life deciding that other people have things that you want, and then wave a magic legal wand to take those things away from them.

 

[RogueWriter]

No, you can't just wander through life deciding that other people have things that you want, and then wave a magic legal wand to take those things away from them.

Darn! I was just about to change my name to Tom Google, too.

 

[Dave_Z]

I see, Woodcs82. But it so happens I agree with what JBerryhill posted above:

No, you can't just wander through life deciding that other people have things that you want, and then wave a magic legal wand to take those things away from them.

Of course, you can beg to differ. But if you really want those names so bad,
then I'd say your best recourse is to negotiate with the current owners of
those domain names.

I just recalled that registering a trademark for the word/s in question won't
matter if the domain name was registered first. That's one consideration that
won't work in your favor.

So you either try to buy the name from the current owner at their price (and
brush up on your negotiation skills), or if you're going to go the legal route, be
prepared for the possibility of losing big time.

If you feel neither one is worth it, then move on and get another name. Hey,
it's life.

BTW, John, I just read the almaza.com case from my email. If you handled
that personally, congratulations for adding another feather to your cap!

If not, well, congratulations to you and your firm anyway.

 

[jberryhill]

congratulations

I did, and thanks.