TradeMark Question.

DJCOM · Jul 30, 2010

Okay.... If the Domain "EXAMPLE.com" is taken by somebody but "EXAMPLE" is a word with nobody claiming it's trademark...

And then I were to register the "EXAMPLE" word and own the right to the trademark...

What happens? Can I claim that I deserve "EXAMPLE.com" ? Are they infringing my trademark?

Keep in mind.... they NEVER owned the trademark, they just owned the domain.

Just curious.

Theo · Jul 30, 2010

No because their domain precedes your mark.

cerno · Jul 30, 2010

Trademarks are associated with a term and a USE, so many people can trademark the same word as long as each has their own unique use

A great real example is "Opus", there is a cigar, a wine, a construction company, and many other companies that have trademarks on the word Opus

If you register a trademark for a term and a particular use because no one else is using that term for that use, including the .com domain owner, then you might have a claim against the .com owner if he were to change his use of the domain to infringe on your trademark after you have been awarded a trademark

If the domain owner is using the domain as its trade name they can claim it as a trademark even if it is not registered

Enforcing trademarks is not easy and at best you could try to restrain the .com owner from infringing on your use if previously the .com name was specifically used for a different use

If the .com owner is using your intended use already you probably can't get the trademark, even if awarded it might not be enforceable without litigation

You should try to buy the domain before registering the trademark

DJCOM · Jul 30, 2010

Okay.... Thanks for your answers. Let me explain my situation:

Please excuse me for not using the real domain names.....

Okay. So I grabbed a brandable domain name similiar to "ShootMit.com" ... Because I have the idea to create a website where users can design their own oven mits (Just an example here guys)..... So I register the domain name and I trademarked "ShootMit" as my company name. A little bit into the development of the website I realize, "gosh, I should really have "ShootMitS.com" covered as well!" .... However, ShootMits.com is TAKEN. Do I have any right to the "ShootMits" name because it is plural? Or is ShootMit and ShootMits Completely different things and one has nothing to do with the other in any way? I'm not just talking about the domain name I'm also talking about just the name in general

P.S. You ever go to Googles.com?

Gerry · Jul 30, 2010

DJCOM said:
P.S. You ever go to Googles.com?

Its okay if Google says its okay.

One of the best and funniest parodies of Google is Gizoogle.com

Google loved it and has let them have their fun.

Yes, Google meets P. Diddy and Snoop Dog.

---------- Post added at 10:39 PM ---------- Previous post was at 10:38 PM ----------

All the results returned on Gizoogle are legitimate links but return in hilarious and witty fashion, kind of like your first line,

Yo, Dog! Letta me splain.