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GoDaddy customer reviews : Advise I pay for GoDaddy?? TM issue

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Iv setup a ???????? 2 months ago.

A TM has just been filed Word Mark ?????? ?????????.

Goods and Services ...................................

Filing Date February 27, 2006.

Whats the worst case scenario?.

Whats the best I can hope for?.

Any help would be appreciated.

Thanks..

Comments (6)

The best you can hope for is they pay you a handsome sum for the domain.

The worst you can expect is lose ownership and control of the domain name.

And be sued up to $100K per name...

Comment #1

Hmm, I cant predict the future but if it goes through I doubt it will effect you because you registered it prior to the trademark. Although I dont see much value in the domain itself and the ".com" version has been snatched up by someone else. They (the band) dont have much of a leg to stand on really...

Comment #2

Wrong wrong wrong.

1. Just because the registration date is before the TM date doesn't mean 'first use' date isn't very relevant.

2. The band certainly has rights to the name if they so choose. If there is a WIPO you will need to show that you have legitimate use for it and that you are no infringing on their mark. You will also need to show that at time of registration your intentions were not to infringe. If you decide to use this for a commercial purpose and within the realm of the band basically you are infringing...

Comment #3

Once a trademark is successfully registered with the USPTO, certain statutory rights are created protecting the trademark owner. However, the general rule often referred to as "first-in-time"The first person or entity to use a trademark in commerce receives common law protection for the use of that trademark. Thus, this "first person" can prevent others from using that same trademark...even if this "first person" never registered the mark. Therefore, conducting a Comprehensive Trademark Search is vital in helping you make the determination of whether to proceed forward with your trademark registration...even if the mark is NOT registered with the USPTO by another person or company.

Although the majority of trademarks in existence are not registered, owners of un-registered trademarks still have legal rights to the exclusive use of their trademarks.

Trademark rights exist on three levels: at common law, by state registration, and by federal registration.

Common law marks are marks protected because they have been adopted and used, and the public recognizes the products or services identified by the mark as coming from a particular source.

State registration systems exist throughout the country to allow the owners of common law marks to register them if they are used within a particular state.

As commerce between the various states evolved, the federal system of registration emerged to provide protection for marks in interstate commerce. Federal protection may be available for the name of your product and/or service, a logo or any other mark that identifies you as the source of a product or service. Common law and state registration rights will be enhanced by the benefits associated with federal registration.

Federal registration rights can be renewed and can last forever...

Comment #4

Verbster-Didn't you just copy and paste that from another thread?..

Comment #5

Yeah s/he did. Just that some people don't seem to get it...

Comment #6


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

 

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