Not that I am aware of, just because they havent yet regged the domain, doesnt mean it's not protected if used in the same field,.
However, if usage was completly different to the TM you MIGHT!! be ok...
Its impossible to register a domain name as a TM. They may have TMd the logo design though... So simply put, if they have a TM for the term, the domain extension doesn't matter...
Here is the USPTO page describing domain name TM's: http://www1.uspto.gov/web/offices/ta...s/guide299.htm.
Here is a link to the tarr status page of an example domain that has a TM, and note that it is a Standard Character claim, and not a logo design: http://tarr.uspto.gov/servlet/tarr?r...entry=79023525.
It all depends on how the proposed mark is used. From the first link above:.
"This is not to say that, if used appropriately, the asserted mark or portions thereof may not be trademarks or [service marks]. For example, if applicant's law firm name were, say, EILBERG.COM and were presented prominently on applicant's letterheads and business cards as the name under which applicant was rendering it's legal services, then that mark may well be registrable.".
Word Mark AMAZON.COM.
Goods and Services IC 035. US 100 101 102. G & S: computerized on line search and ordering service featuring the wholesale and retail distribution of books, music, motion pictures, multimedia products and computer software in the form of printed books, audiocassettes, videocassettes, compact disks, floppy disks, CD ROMs, and direct digital transmission. FIRST USE: 19950415. FIRST USE IN COMMERCE: 19950415.
Filing Date April 18, 1997.
Registration Number 2167345.
Registration Date June 23, 1998.
Owner (REGISTRANT) Amazon.com, Inc. CORPORATION DELAWARE P. O. Box 81226 LEGAL DEPARTMENT: TRADEMARKS Seattle WASHINGTON 981080387.
Live/Dead Indicator LIVE.
I could list a zillion more, but you need to recalibrate the impossible meter there, Ron...
I thought I had read somewhere that you couldn't actually TM a domain name, because it was considered an address and not an actual mark for goods or services. But I stand corrected...
There was a long thread that I was involved in that the prevailing opinion was that you could not do so (I was the lone voice crying in the wilderness that you could!), but it was in the main DND forum, not legal issues. It's also somewhat "domainer-lore" that you can not register full domains as TM's, perhaps because it suits our best interests somehow?.
And that is where folks tend to drive off of a cliff in their reading of the USPTO policy, which is linked above in the thread. IF the domain name is used merely as an address and not an actual mark, then, no, it is not functioning as a trademark, and cannot be registered.
An example of that would be johnberryhill.com - I use it as an address, but do not advertise my services as "JohnBerryhill.com" as a mark on anything. It's just a domain name I use for email and for my tombstone webpage (since I'm pretty averse to attorney advertising generally).
A counterexample is "Amazon.com" - they plaster that mark over anything and everything, and it functions as more than a mere address...