Hello, I am a little confused about Trademark for domain name. If "mouse.com" is trademarked, then, I can't buy a domain like "mousehot.com" or "mousepet.com". Am I right? I meant, if "mouse" is trademarked, then I can't buy any domain with the word "mouse" in it, right? Thank.s
You actually can register any domain name. You just can't use it commercially in such a way that users might confuse yours with a party's trademark.
Trademarks are granted by classification and usually only very large companies have broad protection where they have trademarks in virtually all classifications (IBM). It also depends on how unique the trademark is. Xerox or even Microsoft have more protection than "Apple" which is a generic term. Apple trademarks are related to music and computers, so if you wanted to have a business that sold apple peelers, then applepeelers.com wouldn't be infringing upon their trademark. ApplePCs.com would. You cannot add words to a domain to get around trademark infringement - a TM holder "owns" the rights to the name, in its respective classification(s). You can have several trademark holders for the same mark (like myspace) each having specific usage rights - which, in theory are unique.
Sorry I am still confused. If "apple" is trademarked, then domain name "apple.co.uk" is NOT ok? "applepeers.com" is ok? or, it also depends on the content. If we have a "applepeers.com" and use google adsense to advertise about apple products, is it ok? Thanks much.
If the sites content has anything to do with the trademark holders business, or is an attempt to ride their goodwill, then it is infringement. "apple.co.uk" would be ok for a site about fruit, NOT ok for a site about music or computers. The same for "applepeers.com" - although whether or not apple would take legal action against the site is up to them. If they wanted, they could file a WIPO action and take the domain. They could also sue for damages and all income the site has generated. Don't try to use a trademark in a domain name if your site has anything to with the trademark holders business or service unless you have first obtained permission. If the trademark is very unique (like Xerox), you should probably forget about using it in a domain name unless you have express permission. It doesn't matter if you think you are giving "free promotion" to the TM holder, it's still infringement.