Someone got the TM of my domain...what can I do?

[kwok]

Hi folks, I have a .com domain name that was registered for the last 6 years and was planning to build a business out of it in the future, but just found out someone obtained a TM of my name (without the .com portion). It is not a generic word, but a word that is made up/created from my imagination. What can I do?

 

[Kamloops]

Well if you created this word would you not hold copyright on it then. If they try to take it from you that would be considered reverse hijacking

 

[PRED]

develop it cheaply in adifferent direction from the tm holder (check which class/category they have regged it in), then wait for the offer, or the c&d letter lol.
It's been regged 6 years & if you are using it in a different area, i feel safe it won't be took off you, you may just get a nice offer.
If you don't hear in a year or so, develop it fully in the area yoiu wanted.
That would be my actions.
Do NOT approach them to buy it though.

 

[GoPC]

You can go to uspto.gov and follow the instructions for filing a petition to stay the TM. You must be able to show that you have been using the name in Good Faith to date and the date on which you started using the name.

I'm guessing, from your wording, that you have NOT actually used the name for any real, tangible business (retail, wholesale, etc) and would therefore have a difficult time showing time in force.

Thats about it. There's no guarantee that they will stay the TM... and it will cost you money, no matter what the outcome.

For the most part, you're hosed. But there's still a fighting chance.

Best of Luck,

GoPC

 

[Varchar]

Good Faith means don't park your domain and don't offer the current TM holder to buy your name. Don't give them an excuse to reverse hijack your name...

I think you should put up a develop page soon and make sure they don't have a proof of your parking page to earn revenue.

Meanwhile, pick up the other extensions if they are still available....

 

[Kamloops]

Forget what I said before

Copyright does not protect names, titles, slogans, or short phrases.

 

[Dave Zan]

It is not a generic word, but a word that is made up/created from my imagination.

Where'd you get the inspiration for that imagination, though?

 

[think]

Trademarks can only protect a business for a certain category of business. In other words you have every right to own Apple.com but if you sell computers you know that Apple computers has a trademark for that category. If you want to sell cars or guns you could use Apple.com to sell these products as long as there aren't trademarks in those categories and your logo is not confusing with Apple computers and other trademarks that may exist for the term "apple"

Obviously you want to make sure if you park the domain that no links appear that conflict with any TMs. There is nothing wrong with parking a domain as long as you are not generating traffic that is being use to compete with the TM.

I am not a lawyer and this should not be construed as legal advise but rather a general understanding of trademarks and how they are applied to our business. Best of luck to you in your domain endeavors.

C.T. Kirkpatrick

 

[kwok]

Thanks all for your advise. The company registered the name of my domain as a trademark for one of their products, but I will develop the website and remove the parking page now. Thanks again.