How can i register a Trademark in the united states? How do i know if the term i want to trademark is even possible? If i succesfully trademark term "x" (where x = the term i want to trademark)... Do i have the write to contact the owners of: x.com x.org x.net And ask them to relinquish the domain to me... Or do i only have the right to tell them to stop using the domain... Which (if either) do i have?
You can read up on US Trademarks and learn how to file for one on the official web site: http://www.uspto.gov/ebc/index_tm.html You can do a search of the database of registered trademarks at the link above, but it's important to note that trademarks don't actually have to be registered to be valid. "Common law" trademarks are created when a business uses a trademark in commerce (at least that's my non-lawyerly understanding). That means that if someone else has been using a term in their domain, you can't take it away from them by subsequently registering that term as a trademark. In fact, their use of that term could prevent you from registering it for yourself, if your businesses are similar. A few details from the FAQ at the US Patent and Trademark Office: And just as an example of what a failure to search for prior trademarks can do, read up on Google's trademark fights for the term "Gmail". They lost in the UK and Germany, and won in the US. http://www.internetnews.com/bus-news/article.php/3394361 http://business.timesonline.co.uk/tol/business/industry_sectors/technology/article1081164.ece http://news.bbc.co.uk/2/hi/business/4354954.stm
You could do that. And they might ignore you. Just an FYI that having a trademark doesn't necessarily equal to having some kind of claim towards its domain name-sake. Trademarks aim to prevent what is called likelihood of confusion, not grant some kind of exclusivity claim over any and all related words. Have you maybe tried to buy the domain name from its owner instead? It can be frustrating if, say, they replied with a figure you deem too high, but...that is life sometimes.
That's a good suggestion. It isn't cheap to go through the trademark registration process in the US - it costs on the order of $300 per class of goods or services just to file the paperwork. If the domain is what you really want, you might be able to purchase it from the owner for less.
You can't register a mark that is already in use and then use it to stop someone who was already using it - in fact, they could challenge your registration of the mark.
If they aren't currently using the domains you're trying to get a trademark for, you might be able to snatch the domains through a UDRP. You're best bet would be to register the trademark, and then wait for the domain's contact info to change... if they registered the domain name before you had trademark rights (note, you might still have trademark rights before actually filing a trademark), it's pretty hard to win a UDRP. But if they transfer the name to someone else, it counts as a new registration and then it's not too difficult. You're far better off trying to just buy the name from the domain owner, though, as a UDRP claim costs $1500 to file. But it's definitely a good idea if you're spending a lot of development money on your mark to make it official and file for a trademark.
Another thing to consider is that most domainers are scared to death of someone suing them and will usually hand over a domain name if you send out a strong cease and desist letter to them. Even when they ignore it, if you were to follow up with a UDRP claim, the vast majority of them go unanswered and get a default ruling for the complainant. Reverse Domain Name Hijacking is a growing trend that should worry domain speculators a lot. The lesson to learn is if you want to keep your domain names, you better use them!
go to legalzoom.com they have lawyers that can answer this for you and lead you in the right direction for this type of information
Legalzoom.com does NOT have any lawyers that can answer legal questions. See: http://www.ipwatchdog.com/2008/12/10/invention-submission-alive-and-well/id=878/