Can a .com registration prevent someone from trademarking a name?

Discussion in 'Domain Names' started by dataminer, May 17, 2007.

  1. #1
    Let's say I register dataminer.com (only an example), and the term "dataminer" is not trademarked anywhere in the world, will that prevent someone from being able to trademark that term in the future?

    I guess what I'm asking is, is registering the .com an effective tactic to prevent the trademarking of a name?
     
    dataminer, May 17, 2007 IP
  2. tobycoke

    tobycoke Well-Known Member

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    #2
    IANAL, but no. They can still trademark the name but they would not be able to "reverse hijack" and take the domain away from you. If they applied for a trademark, and you wanted to prevent it, you would have to hire a lawyer during the application-review period and file an objection at the USPTO. www.uspto.gov

    An $8 domain registration is not a short cut and does not automatically stop a $x,xxx-$xx,xxx trademark registration. :)
     
    tobycoke, May 17, 2007 IP
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  3. Dave Zan

    Dave Zan Well-Known Member

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    #3
    While there are online search engines to give clues, there's no 100% surefire
    way of telling whether someone has established trademark rights to a term.

    But as tobycoke answered, registering a domain name doesn't stop someone
    from establishing trademark rights to the term. A domain and a trademark are
    2 different bananas.
     
    Dave Zan, May 17, 2007 IP
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  4. dataminer

    dataminer Peon

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    #4
    Thx guys. Rep added. Looks like I need to read up on trademark requirements.
     
    dataminer, May 23, 2007 IP