HELP! Someone trademarked my domain name 4 years after I registered it!

orangestar

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Good Day,
I'm hoping someone may have some feedback on the following situation. I registered a domain 5 years ago and have been working on developing it. Due to a very serious family illness, the plans were put on hold and now, I'm starting back working on it.
I'm trying to learn as much as I can and came across the knowledge "Don't Buy a trademarked domain name!".
In my situation, I registered the domain name 4 years prior to the trademark and the commerical products they are selling have nothing to do with my type of product.
However, after finding out that someone else trademarked the domain name, I'm not sure what my options are. 1. Can I still develop the website and proceed onward because product lines are completely different? 2. What if I decide to sell the domain name instead (abandon the project and just sell it to another person?). 3. Can I sell the domain name if I want? 4. If I do, I know instinctively it would be proper to reveal to the future buyer that there is a trademark on the name 5. Is it even allowed to sell a domain name to an interested buyer who wants it despite the fact there is a trademark on it? Thanks for any feedback. I simply do not have any money for an attorney at this time and there doesn't seem to be much info on the web about this particular set of circumstances. Thanks and have a super week ahead! :)
 

domainoid

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if your space is different than that of the tm holder you can develop.
if you sell it the person purchasing it is supposed to do research on the domain. had you registered your domain after the tm was filed and known about it then it would be different story but you did not. good luck.--
 

Theo

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PM me the actual domain for an objective assessment. PS: I am not a lawyer.
 

orangestar

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if your space is different than that of the tm holder you can develop.
if you sell it the person purchasing it is supposed to do research on the domain. had you registered your domain after the tm was filed and known about it then it would be different story but you did not. good luck.--
Thanks for your great feedback!
 

ulterios

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If you are not in the same field/niche as the Trademark holder than you should be fine. You are just not allowed, in any way, to profit from his Trademark. By profiting, that means making money from the same field that the Trademark holder holds the TM in, parking the domain and serving ads related to the TM holders field, etc...
 
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I have been stuck withy th same problem just try to sell the domain of it can and get of with it.

If it's a very nice domain than get your own trademark
 

Dushan Savich

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If you are not in the same field/niche as the Trademark holder than you should be fine. You are just not allowed, in any way, to profit from his Trademark. By profiting, that means making money from the same field that the Trademark holder holds the TM in, parking the domain and serving ads related to the TM holders field, etc...


exactly...for example there is nothing in the world stopping me from making McDonalds optical lenses, I just can not use the McDonalds logo with the 2 arches or sell hamburgers...nissan.com is a great example...
 
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