NameSilo

Trademarking Reviews?

Located in Legal Discussion started by stub, Jan 12, 2020.

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  1. .X.

    .X. God is great Gold Account VIP ★★★★★★★★★★

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    I am late to the thread, Stu i initiated a TM with Trademarkia and backed out, not only is the process costly, but tedious as hell IMO
     
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  2. stub

    stub DNStore.com PRO VIP ★★★★★★★★★★

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    That's what I'm currently finding out :( But I haven't given up hope. Yet :) For me, I cannot "do it myself" as I'm not a US resident. Having to use a US Lawyer (ok the discount services also use a US lawyer by default) although I have considered a more expensive TM lawyer. I might even apply for a TM in another country, other than the US since it would have the same rights, although might be considered less legitimate.
     
    Last edited: Jan 18, 2020
  3. .X.

    .X. God is great Gold Account VIP ★★★★★★★★★★

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    I would say this, If the domain is absolutely not going be sold and you are the sole proprietor of the business, it may be worth doing, If not, i wouldn't even consider doing it IMO
     
  4. .X.

    .X. God is great Gold Account VIP ★★★★★★★★★★

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    Concerning "reverse high jacking" you can fight this on a per diem basis, i can help with you with that if needed should run into that problem
     
  5. stub

    stub DNStore.com PRO VIP ★★★★★★★★★★

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    I'm probably not going to sell these domains. They are for my own business. They'll be off-the-market. Of course with a silly offer, I might sell them the domain and the TM, and move to another domain and register a new TM :)
     
  6. .X.

    .X. God is great Gold Account VIP ★★★★★★★★★★

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    I think with what you said, you should purse the trade mark, you sound very serious about this business and people will try and clown with you and your traffic+
     
  7. stub

    stub DNStore.com PRO VIP ★★★★★★★★★★

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    I understand that. But it's likely to be more troublesome without a prior TM already in place. Which is why I want to TM in the first place. I don't want to go thru a UDRP case and every time prove my case. I want to show them an existing TM, case (almost) over :)
     
  8. .X.

    .X. God is great Gold Account VIP ★★★★★★★★★★

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    I agree Stu, 5K+ possibly per UDRP is an astronomical fee as opposed to paying the trade mark fees, and like you say, you will have the bird in the hand ready should you need to take action
     
  9. stub

    stub DNStore.com PRO VIP ★★★★★★★★★★

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    Obvious I consider my potential TM's valuable and desirable to potential others. I don't find that many trademarks in place for selling domain names. So I get to be a pioneer. And may need to defend them against interlopers using the URDP process to RDNH my domains.
     
    Last edited: Jan 18, 2020
  10. wwwweb

    wwwweb Top Contributor VIP ★★★★★★★★★★

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    If you want to use the human element route, there is a really good TM lawyer who is a member here, and he has a lot of experience with domain names as an early investor in the space, his name is Mike Eddy out of San Diego, you will probably save yourself a lot of time, and money by hiring him as he knows the space really well.
     
  11. Shackleton

    Shackleton Established Member

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    I also backed out of the process with Trademarkia after they tried to up sell me.
     
  12. stub

    stub DNStore.com PRO VIP ★★★★★★★★★★

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    What did the price go from to what? Or how did they try to up sell you?
     
  13. Shackleton

    Shackleton Established Member

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    The initial cost was under $500. Sorry, not sure of the exact amount. The up sell was $479 as I wasn't using the mark in commerce at the time of the application in the class I wanted it for.
     
  14. eurorealtor

    eurorealtor okre.com VIP

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    Long time ago, I've been told by the Czech TM office that domain name can not be trademarked.

     
  15. Corey

    Corey Corey.net.au VIP ★★★★★★★★★★

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    Not sure you can TM a domain name. Keywords yes.

    Australia's system is different, a registered business name holds the right to the domain name.

    Cheers
    Corey
     
  16. patents

    patents Established Member ★★★★★★★★★★

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    What was the $479 bill for? The filing of a statement of use?
     
  17. patents

    patents Established Member ★★★★★★★★★★

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    The domain name trademark application rejection for the mark "Booking.com" is currently under review by the U.S. Supreme Court. In Australia, the same application was approved and the mark is registered there. See it here: https://search.ipaustralia.gov.au/trademarks/search/view/1660140?q=booking.com

    There are many other similar registrations, e.g. villas.com. Domain name ownership is separate issue from the trademark.
     
  18. stub

    stub DNStore.com PRO VIP ★★★★★★★★★★

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    I've seen domains which have been trademarked in my searches at USPTO. But personally, I think it might restrict the trademark use somewhat.
     
  19. Corey

    Corey Corey.net.au VIP ★★★★★★★★★★

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  20. patents

    patents Established Member ★★★★★★★★★★

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    I'm not an expert on Australian trademark law but the IP Australia site at ipaustralia.gov.a has some nice information on who can qualify to own trademark rights as well as how domain names relate to trademarks:

    To be eligible the owner must be:
    an individual;
    a company;
    an incorporated association; or
    more than one of these (in the case of multiple owners).
    https://www.ipaustralia.gov.au/trade-marks/understanding-trade-marks/trade-mark-eligibility

    Some basic information can be found here:
    https://www.ipaustralia.gov.au/trade-marks/understanding-trade-marks/trade-mark-basics
     

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