purchase after tm reg... vs new ownership - DNForum - Domain Sales, Domain Forum, Domain Appraisals, Domain Registrars

Banned: MIR · 12-12-2007, 11:52 PM

TAXI

**DNQuest.com** · 12-13-2007, 12:23 AM

The date of transfer will be considered a new registration date. Unless you bought an existing website and bought the goodwill associated with the website (parking is not goodwill). And yes, you wold be in violation.

**Castlemelody** · 12-13-2007, 12:25 AM

Greetings!

If you are aware that the domain has been registered as a trademark before you bought it, then you may have made a stiff move.

Nonetheless, I assume that once you buy a domain name, all rights have been transferred to you. So, in effect, it is just an equivalent of originally registering the domain since 2000.

But, the main question is that who gets the first-use? The domain which was trademarked in 2002 may have been already used before 2000. I mean the business who trademarked it may have been using it in their business before 2000, but has formally trademarked it only in 2002. From what I understand, the one who has the first use has the right to the name. Try to get a background of the business in question. When did they start their business?

An alternative route: a possible domain name sale perhaps? I am not sure if this is the right move though. Anyone can advise on this issue separately.

I wish you well.

**DNQuest.com** · 12-13-2007, 08:47 AM

Castle, a transfer of a domain is a new registration, that is well established in stone (the OP stated domain a doamin transfer). The only way to continue with the original registration is if the buyer bought the established business whose TM is associated with the domain (IE- the goodwill built up with the TM or the business built up around the domain of the domain).

**Castlemelody** · 12-13-2007, 10:11 AM

Thank you DNQuest. I stand corrected.

**domaingenius** · 12-13-2007, 12:40 PM

Quote:

Originally Posted by DNQuest.com

(parking is not goodwill).

Parking may not be goodwill in the ordinary sense, may not be, but it can count towards a use of a name when applying for a trademark ,according to the UK trademark office,

DG

**DNQuest.com** · 12-13-2007, 07:51 PM

As long as you can prove a bona fide offer of goods or services. But goodwill is basically the reputation of the company. EI- Ebay buys Microsoft, ebay owns the name and TMs, so basically, everything Microsoft stood for is now Ebays. Goodwill in the intangible part of a name. So when a consumer things of Microsoft, they still think of Windows, operating systems, software, etc... that is goodwill. Since Ebay bough everything of Microsoft, they own microsoft.com adn teh registration continues as if Bill Gates still owned it. Ebay would claim the TM going back o the 80s.