Can I register trade mark and take down all domains that are using it?

Hi, I have a name for my business and I was looking on domains and almost all are taken with this name. Lets use an example name here: "car change"
I found out that the name car change is not registered as a trade mark (it was but expired in 2007) Can I register trade mark carchange and go legaly after domains like carchange.com requesting to hand the domain over to me?
Thanks for answers

 

Short answer is no. If they are using the mark in commerce then their usage pre-date yours and you have no right to take it later. Also, trademarks are in classes so two companies can use the same mark without infringing on each other, such as Delta Faucets and Delta Airlines.

 

Thanks, so If I register domain that is not trademarked at the moment and someone will trademark it and claim it later I am safe?
Another question would be there is a trademark listed as dead since 2007. Can I register domain like that and if they renew it am I safe? Or even better can I register that trademark myself? Thank you

 

Generally yes. One exception is if you do something to essentially acknowledge the TM's
existence, like putting ads in your domain name reflecting the mark or trying to sell it to
them before they contact you.

If you think about it, you can truly register a domain name with or without a trademark
for it. If by "dead" you're referring to the mark's status at USPTO:

http://www.uspto.gov/main/glossary/index.html#d

Plus, it's possible that word or phrase or so is still being used as a "common law" mark
instead. If you're especially outside the U.S., USPTO is not some kind of "world listing"
of all trademarks used around the globe.

As for registering that trademark, check with a lawyer for specifics. Good hunting.

 

thanks for usefull info

 

Trademarks can be legal even if not registered. There is such a thing as common law trademarks.

http://www.uspto.gov/faq/trademarks.jsp#_Toc275426712

 

That applies in the UK too, AFAIK. As does the 'use it or lose it' concept.

 

I think the name car change is so generic. Just like Apple's App Store, and when Amazon tried to use it, they cannot stop them from doing it.