What happens when I register a domain which then become TM?

[mls-domains]

I got a question to some more experienced domainers.

What happens if i register a domain ex. "ABC.com"
ABC is not a registered trademark yet.
Some time in future, ABC gets registered as product trademark by some big company.

Am i still valid owner of the domain, or they can get it from me using UDRP?

 

[RapidNames.com]

Yes, according to UDRP rules, you can win if TM dispute open, but make sure that you didn't interrupt / affiliate their brands later.

(In some cases, If your domain is Parked you might be lose). Better to use "Under construction" template..

This is just my opinion. Every TM dispute is different & handled by different attorneys.

BTW: i'm not experienced domainer

 

[mls-domains]

Yes, according to UDRP rules, you can win if TM dispute open, but make sure that you didn't interrupt / affiliate their brands later.

(In some cases, If your domain is Parked you might be lose). Better to use "Under construction" template..

This is just my opinion. Every TM dispute is different & handled by different attorneys.

BTW: i'm not experienced domainer

Thanks

Any more opinions? Is parking really bad in this case?

 

[DNVantage]

Is parking really bad in this case?

Short answer, YES

 

[mls-domains]

Short answer, YES

Could i have a long version please?

 

[Chris @ SwingNames]

The long version: if it could be perceived that you're taking advantage of their trademark for your own personal gain, you'll be signing up for potential issues. Recall there are three major components to a UDRP, each of which has to be proven by the complainant.

Consider this an opportunity to redefine what you want to do with the domain name - develop a website not related to the trademark, or set your parking page to avoid mentioning the trademarked name. Your reg pre-dates their trademark, so it's harder to demonstrate bad faith.

(IANAL, IANYL)

 

[Rado_Ch]

Your reg pre-dates their trademark, so it's harder to demonstrate bad faith.

Like in many such disputes this is the thing most open to interpretation. Bad Faith can be considered in the case in the OP as he explains it, even if the TM was established long after his domain registration. As soon as the TM is registered if the domain points or advertises the same service/brand there are already grounds for "bad faith". Any attempts to ask the concerned TM owners for money to give them this domain is also "bad faith" and often is enough for a UDRP to be resolved in their case.

This legality around TMs is really loose and I seem to work on a case-by-case scenario, affected by many side factors. There isn't really a set of definitive rules that can be applied here.

 

[alien51]

A TM is a usage killer for a domain. It greatly reduces your number of potential buyers, especially if the domain is descriptive enough to identify potential usage in a certain niche.

UDRP may not be able to take the domain away from you, but now potential buyers can no longer use your domain for a specific niche that someone else has already TM'ed the name for such niche.

 

[Name Trader]

I agree with @Rado_Ch and @DNVantage. Once you become aware of the trademark, you shouldn't infringe on the trademark, it doesn't matter how much earlier the domain was registered. If the complainant can prove you were aware of the TM and still continued to infringe on the TM, your UDRP case has just blown up. So you should probably, as a general rule, not park a TM domain, because of the likelihood that Google will show ads which will infringe on the trademark in some way, are quite high.

 

[DNVantage]

UDRP may not be able to take the domain away from you, but now potential buyers can no longer use your domain for a specific niche that someone else has already TM'ed the name for such niche.

Once a TMed domain is transferred and has a whois contact change from current to another/new owner, UDRP will go in favour of TM owner and as @alien51 mentions, 'now potential buyers can no longer use your domain' as TM granted date is older than ownership date!

 

[mls-domains]

Ok got it, i have made a webpage on this domain that should kill all 3 UDRP requirements.
They still didnt filled for TM yet tho which is kinda surprising to me.

Thanks for all the repiles.