trademark question...

[richard]

Hi

Can I ask, is it standard practice to take out
a trademark appl'n on a domain name, if you are
going to use that name in a business capacity
i.e. as a trading website, selling goods/services
etc..?

Say, I own a name e.g. legal.com that I am
wanting to use for a trading website. Now, I am
not concerned with enforcing a trademark on the
term 'legal' (which I doubt could be enforced
anyway!) but do I still have to TM the reference
'legal.com' even 'though I own the name?.. And
is it possible that someone else could successfully
TM the domain addy, 'legal.com'? Or, as this is
obviously an internet domain name, would they
first have to prove their ownership of the name
to the TM authorities?

Anyone have any experience/knowledge in this
area that they would be willing to share?

All the best

Richard

 

[Anthony Ng]

My understanding is that: to successfully register a trademark, you need to declare USING it or at least have the intent to USE it in business. NOT owning the domain name (which in this case is the full mark per se) in the first place would make that claim vulnerable to opposition, spmething that YOU as the domain registrant should file for definitely. Correct me if I'm wrong.