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Trademarking your domain name?

Labeled as question in Legal Discussion, started by The Durfer, May 13, 2020

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  1. The Durfer

    The Durfer Top Contributor VIP Gold Account

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    How much do you think trademarking your brandable domain name boosts the price of your domain name sell?

    ty

    Its like $225 to get the trademark if i recall. *UPDATE* a processing fee of $125 also.
     
    Last edited: May 13, 2020
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  2. Samer

    Samer Top Contributor VIP

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    Last edited: May 13, 2020
  3. The Durfer

    The Durfer Top Contributor VIP Gold Account

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  4. The Durfer

    The Durfer Top Contributor VIP Gold Account

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    what i mean is, would it make my24fishes.com more valuable? or would it only affect ones that are valuable anyway?

    say value of my24fishes.com is reg fee than after trademark is it $1000? I realize you would want to include the trademark certificate and fee in the price, but would it just be reg fee + tm fee or would it make it like premium prices?
     
    Last edited: May 13, 2020
  5. Abdullah Abdullah

    Abdullah Abdullah Top Contributor VIP

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    It wont. what the hell is that name :-P
     
  6. The Durfer

    The Durfer Top Contributor VIP Gold Account

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    lol ty :)
     
  7. NickB

    NickB Wales.org VIP

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    interesting question

    If you trademark the domain would you not put off potential buyers who are not operating under that trademark category? Personally think it would muddy the waters, unless your potential buyer is in that niche....but this then shrinks your potential end user pool
     
  8. King

    King Investor & Creator VIP Gold Account

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    The USPTO will do everything possible to make sure they don't accept the trademark, already wasted hundreds with them, you can make up a random name & they'll still link it to some completely different word.
     
  9. The Durfer

    The Durfer Top Contributor VIP Gold Account

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    i believe you might be right, because of the niche being closed tighter it would pop out potential buyers of just the name. hmmmm
     
  10. NickB

    NickB Wales.org VIP

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    don't get me wrong they can still buy the name with the trademark ( I think anyway!) and operate in another area, but seems to me you will have more questions to answer, leading to potentially more pitfalls that could result in a lost sale
     
  11. The Durfer

    The Durfer Top Contributor VIP Gold Account

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    i just was thinking that with a certificate it would appreciate the domain more but i could be wrong.
     
  12. NickB

    NickB Wales.org VIP

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    I personally don't think so, others who are more knowledgeable in this area might give you a better insight - I am no expert in this area :xf.smile:

    Just seems like an additional expense to me, if you have a good domain it has value and paying extra xxx to possibly increase it's value seems an unnecessary risk
     
  13. GrantP

    GrantP Squadhelp.com Squadhelp Gold Account

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    I would like to share some perspective on this topic that might be helpful (disclaimer: I am not a Trademark attorney but we have helped several thousand customers with filing a Trademark).

    Trademarks are filed based upon a Class and Country. It is also possible for different companies to hold Trademarks for the same name across different industries. For example, Delta airlines and Delta Faucets operate in two very different industries.

    Usually domains can be a good fit for multiple industries. So even if you file a Trademark in one specific industry, it is unlikely to offer any advantage if the end user intends to use it for a different industry, or in a different country.

    More importantly, when you file a Trademark, you have to file it with an "intent to use". This means you can't register a Trademark just to tie it up; you need to use it in commerce.

    If you filed your trademark on the basis of intent to use, you must file a Statement of Use within a certain period of time to show you are using it to sell goods and/or services.

    So unless you plan to develop the domain for your own commercial use in future, it is not a good idea to file a Trademark purely for domain investing purpose.
     
    Last edited: May 13, 2020
  14. NickB

    NickB Wales.org VIP

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    Thanks Grant - good explanation, it seems the intent to use is the clincher from a domain investment perspective. I suppose that is why it is a good feature to have for your site and the end users
     
  15. The Durfer

    The Durfer Top Contributor VIP Gold Account

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    excellent explanation of this subject. Tyvm :)
     
  16. The Durfer

    The Durfer Top Contributor VIP Gold Account

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    Nick B was rite at the beginning then of the thread, it would close off potential buyers from buying because the domain would be locked into a niche instead of a free floating idea.
     

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