Hi, I'm wondering if its necessary to register a brand name? For example, I've a certain domain, some company comes and registers trademark - will they be able to claim my domain? will I still be able to use my domain as a brand name? how is that working, I just want to know
No, first usage establishes rights. You don't need to trademark a name to have rights to it. Someone could come along and register the name, but you would have 5 to 6 years to contest their claim. If you didn't contest their filing, they would be able to use the trademark - but couldn't take your domain. Trademark are granted by classification, and what you can't do, it change your usage of the name to ride the goodwill of a mark registered after i.e. if you owned apple.com and used it to sell a line of t-shirts, and then "Apple" was registered for computers, you couldn't change your site to start selling computers and ride their usage.
thx, I understand now... So basically I want to protect "flunk me if you can" I'm planning to produce tshirts with this name and wording, and I don't want anyone else to use it. Should I register brand name / trademark?? as a security measure I registered flunkmeifyoucan.com is that a good precaution? what would you say?
In the US, there are common law trademarks. If you are the first person to use, and continue to use, "flunk me if you can", for t-shirts (apparel) you will have established rights. A Federally Registered trademark adds further strength to your claim. Most people falsely believe a trademark needs to be registered so they just check the USPTO website to see if it is registered, and if not, they think they can use it. Getting a registered mark will can prevent you from having to deal with other people (who just check the USPTO) infringing upon your trademark for its usage (classification). What it probably won't do is protect someone from using "flunk me if you can" for a non-apparel related usage. Getting broad protection (like IBM) is very expensive and requires you to have a broad line of usage. You can't trademark an intended usage i.e. if you don't want people to have a "flunk me if you can" jewelry line, you would have to have a jewelry line before you could file for a trademark in the jewelry classification. When you file for a trademark, you show that you are already using it, pay a fee (about $350 - plus attorney fees if you use one) and an examiner will look to see if they think it infringes on an existing registered mark. What the examiner won't do is check for prior usage outside of registered marks. That means if some mom & pop business operating out of their house is already using "flunk me if you can" for t-shirts - they can contest your trademark filing claiming their usage was prior to yours. That window to contest is about 6 years from when you first file. A trademark is not uncontestable for at least six years. As long as no one comes forward in those six years, you will have rights cast in stone at the end of those six years. Before anyone goes to trademark a name they should pay for a trademark search. This will run several hundred dollars. You don't want to be 5 years into using a name only to find someone else was using it before you and lose your trademark. (Remember, the USPTO examiner ONLY checks Registered marks, not common law trademarks). You also have continued filing fees for keeping your trademark active so it all depends on how much business you intend to do with the mark. Registering a domain name, and using it in business, establishes rights to the name in the usage classification as long as it didn't infringe upon a prior use.