Do you register trademark for your domain name?

Discussion in 'Legal Issues' started by webwizzy, Mar 31, 2009.

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  1. #1
    Hii,

    I wanted to know, how many of you actually go for your domain name protection.

    http://www.uspto.gov/main/trademarks.htm

    I see that there is a non-refundable fees of 325$ (or 275$) to fill up an application. Also, there's no guarantee if it will be approved or not.

    Also, does it need to be done for different countries individually?

    thanks
     
    webwizzy, Mar 31, 2009 IP
  2. Dave Zan

    Dave Zan Well-Known Member

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    #2
    Yes, as each country has their own way of doing things.
     
    Dave Zan, Apr 1, 2009 IP
  3. mjewel

    mjewel Prominent Member

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    #3
    A trademark registration in not needed in the US to establish rights. A registration is something you probably want to do if you are serious about protecting the domain. If nothing else, it prevents a lot of problems as many people will check the USPTO for an existing trademark application. Always pay for a trademark search before filing. If you do the filing yourself, make sure you understand EXACTLY how to do it and what you need to submit. If you don't do it exactly right, it will be rejected and you'll have to pay to file again.

    A trademark filing really protects you against the small time players. If a deep pocket wants your domain bad enough, they will likely get it regardless of a Federal trademark or not. I just settled a dispute against a huge company with a boat load of money and there wasn't even any doubt that they were guilty of infringement. They can tie you up in court in an attempt to bury you with hundreds of thousands of dollars in legal fees. Even if you win, you are almost never awarded your legal costs, and you are left with a domain you own and have now invested far more than the domain is likely worth (as few domains are worth a million dollars, and you can spend that with appeals). In the end, my case worked out because I have a history of spending a lot of money in legal fees and called their bluff as I just didn't want to sell. In the end, they did pay me (and a lot more than the domain was probably worth) because a legal fight would have cost them a few years in court even if they won, and along with vast sums in legal fees. As my domain was in a corporation with no assets other than the domain, my risk was limited to legal expenses on my side and the domain. From a financial standpoint, it was a big win, but I am still ticked at how flawed the legal system is in the US. In Europe, you have "loser pays" and it prevents most of the strong arm, deep pocket, tactics employed here.
     
    mjewel, Apr 1, 2009 IP