snubbr.com

GoDaddy user reviews : Good idea to pay for GoDaddy?? I might like to TM a name Any advice

Get GoDaddy web hosting for just $1.99. Click here to use coupon...

Special $7.49 .COM sales. Click here for this special deal...
After spending most of the day reading post after post on NamePros, I think I have absorbed just enough to make several educated Domain Name purchases. Not my first domain purchase just my first educated one.

I read that domains are not covered under copyrights but trademarks?.

I think I might like to have at least 4, possibly more of the names Trademarked. I Haven't conducted a TM search yet, but I'm betting they're not. depending on what I learn from this post, I might do a search later this evening or tomorrow.

How well am I covered against theft of the name or other pitfalls at this point? Could someone Tm the name and force me to give up the Domain or vise versa? I would think a TM is more powerful than the domain but what if the domain came first? Is their a poormans way to TradeMark like there is Copyright?.

I'm sorry, I know this has had to be covered before. But I'm getting ready for a little break and some dinner.

Thanks for your help.

Mark..

Comments (9)

I just read the post 10 US Laws Every Domainer Needs to Know from Dave Zan.

I'm still not clear which would carry the most weight. A domain name registered today by party A or the exact words under a U.S. Trademark registered by party B next week? I have several names I am thinking about getting a TM on but it's a little out of the budget right now.

If a person has registered the domain name ElectoPencil.com and Parked it at Sedo and someone else TM ElectroPencilEraser in your opinion would we bump heads?.

What If the web site was developed or functioning instead of just parked?.

By the Way, I did a search and there was no TM on anything I looked up.

There is something like the ElectroPencil scenario going on thoughA guy has ElectroPencil .com and .netI never did a domain search on until after I bought ElectroPencilEraser.com and net and the TM idea came up. I would like to have the other name but By it's self doesn't pertain to my finished product. However It is essential. There is no TM on the other name either..

So it's not that important right now.

If I go to the expense soon to TM a couple I just want to have all the bases covered..

I'm really new at this (about a year) and never a heavyweight domain like this one..

I even spent several hours working up a slogan which will also be Copyrighted.

That makes me think of one more thing. If it's just the phase ElectroPencilEraser with no .com on it was being Registered, it go back to being a copyright correct?.

Any input would be appreciated..

Take care,.

Mark..

Comment #1

Have you been actively conducting business under the name (without the TLD part) of one or more of the domains for awhile earning decent money? If yes, then registering TM(s) now is likely worthwhile. But if no, then, in my view, save that money and use it towards growing your business(es).

Common law TMs (by actively using a name in commerce), while offering less protection, carry some weight, and more to the point, the TM can be registered later on. The filing date, except for Intent To Use, applications is not what matters, but rather the date of first use in commerce, which could be a week before, or 20 years before, etc.

On a related note, your slogan would likely be a TM too.

In my view, unless you have lots of extra cash to spend, first build your business(es) and promote them far and wide before spending money on TM registrations; they're likely be common law TMs in the meantime. After your business is well established and generating good cash flow, then register the TMs.

Ron..

Comment #2

Take that one step further. Until you are actually using a term "in commerce", you really don't have even a common law TM and can't file for a registered one. you could probably file on the day you start, but not before that just because you own a domain of that name with no operating business using it.

Also, technically, a "Trademark" (TM)is on tangible goods. If you offer only intangible services like an accountant, lawyer, or custom software writer, you would technically have a "Service Mark" (SM). Terminology is different even though the laws are identical. However, whether a TM or SM, when it's registered it's designated by the circled R,..

Comment #3

Using the domain in commerce first makes it a common law trademark. A USPTO TM simply places your TM in a searchable db. The first date it is used in commerce will win. It will not matter about the USPTO TM vs common law. Defending a common law TM will require proof of use in commerce.

USPTO will not award a TM for a mark not used in commerce...

Comment #4

Hello.

Sorry I didn't make myself very clear in my original posts. I had just spent all day reading posts, gov. websites and typing. I was feeling a little loopy by the time I posted. I don't really plan to use the name for commerce myself. It would like to develop it or sell it out right.

I was wondering more if a prospective buyer would shy away from my domain name if the anchor word, which is a hybrid of 2 words was already reg. under .com and .net. More over legal issues than anything. Hence my ill stated questions. The owner of .com and .net has the name parked at the moment. The word was reg.

I have added the word motors and automotive after the anchor word which takes the word to a specific arena as oppose to semi meaningless non Webster hybrid. By giving it the definition it has now I think it could be a real force in an emerging auto industry.

If anyone has a few new ideas after my clarification please feel free to jump in.

Thank you all for the time you have put towards my post..

Mark..

Comment #5

If you've got money to spend, then consider filing an Intent to Use (ITU) application. Provides a way to pre-emptively register a TM before actively using it in commerce.

With that said, I'm not seeing the value of what you're proposing ... seems like a lot of work for very little monetary reward unless the domain already gets decent traffic and/or developing it is something you want to do, irrespective of any money, if any, you may earn, simply for the challenge / enjoyment of doing it.

Ron..

Comment #6

Hello.

Sorry I didn't make myself very clear in my original posts. I had just spent all day reading posts, gov. websites and typing. I was feeling a little loopy by the time I posted. Hence my ill stated questions.

I hadn't really plan to use the name for commerce myself, But it sounds like I should be getting something worked up in the way of development at least. Especially since a start up business would carry all the necessary elements of ownership as an established one..

However The name and slogan is more geared way more towards a high end industry.

In my original post I was wondering more if a prospective buyer would shy away from my domain name if the anchor word, which is a hybrid of 2 words was already reg. under .com and .net. More over legal issues than anything. The owner of .com and .net has the name parked at the moment. The word was reg. in 2002.

I have added a word after the anchor which takes the word to a specific arena as opposed to semi meaningless non Webster word. By giving it definition it now has what I think it could carry huge potential in an emerging auto industry.

If anyone has any thoughts after my clarifications please let me know And....

Thank you for all your time and experience you have shared so far..

Mark Post added at 10:39 PM Previous post was at 10:24 PM I think you may have found a viable solution. An ITU. That may be perfect. Any idea how long they're good for and the cost?.

I think may have nailed it when you said Challenge/enjoyment. We can't forget that little bonus of early retirement when Ford hands me a buyout check!.

Thanks Ron..

Comment #7

ITU is the same cost as filing a non-ITU. $325 per registration, per class of goods / services.

Then it's $100 to file an Allegation of Use / Statement of Use per class ... see link below for explaination: Additional requirements for "intent to use" applications.

If you need more time, 6 month extensions are easy to get, but cost $150 each per class. You can potentially stretch out an ITU for over 2 years from the date of notice of allowance with extensions. And since it takes time for an application to get to notice of allowance phase, you may have a total upwards of 3 years.

Ron..

Comment #8

Take that one step further. Until you are actually using a term "in commerce", you really don't have even a common law TM and can't file for a registered one. you could probably file on the day you start, but not before that just because you own a domain of that name with no operating business using it.

I definitely agree with this one...

Comment #9


This question was taken from a support group/message board and re-posted here so others can learn from it.

 

Categories: Home | Diet & Weight Management | Vitamins & Supplements | Herbs & Cleansing |

Sexual Health | Medifast Support | Nutrisystem Support | Medifast Questions |

Web Hosting | Web Hosts | Website Hosting | Hosting |

Web Hosting | GoDaddy | Digital Cameras | Best WebHosts |

Web Hosting FAQ | Web Hosts FAQ | Hosting FAQ | Hosting Group |

Hosting Questions | Camera Tips | Best Cameras To Buy | Best Cameras This Year |

Camera Q-A | Digital Cameras Q-A | Camera Forum | Nov 2010 - Cameras |

Oct 2010 - Cameras | Oct 2010 - DSLRs | Oct 2010 - Camera Tips | Sep 2010 - Cameras |

Sep 2010 - DSLRS | Sep 2010 - Camera Tips | Aug 2010 - Cameras | Aug 2010 - DSLR Tips |

Aug 2010 - Camera Tips | July 2010 - Cameras | July 2010 - Nikon Cameras | July 2010 - Canon Cameras |

July 2010 - Pentax Cameras | Medifast Recipes | Medifast Recipes Tips | Medifast Recipes Strategies |

Medifast Recipes Experiences | Medifast Recipes Group | Medifast Recipes Forum | Medifast Support Strategies |

Medifast Support Experiences |

 

(C) Copyright 2010 All rights reserved.