Hello, If I register a domain that contain a TM, but I did it before the product/offer was released and registered (TM) can I get problems ?
A trademark does not have to be registered for it to have protection. The main question would be was the product/service advertised with that name prior to you registering the domain. Scenario 1) a: In June, Apple announces that it will release the first iShoe in the first quarter of the next year. b: I register iShoe.com in July. c: Apple applies for a trademark for iShoe in November. Resolution: Even though I registered the domain before the trademark was even applied for and before the product was released, there is a good chance I could lose the domain in a dispute. I said could, not would, as there are many other factors at play. The reason is that Apple had been using the term for business earlier than I had registered it as a domain. I "might" be able to keep it if I put content that is unrelated to the Apple product but related to the name. I would lose in a dispute in this case if I put up no content, put up content related to the Apple product, put up content that competed with the Apple product, tried to sell the doamin to Apple, or had no real reason to use that particular name (good reasons would include the domain being your name, your business' name, the domain name relating to the content that I put up). Scenario 2) a: I purchase a domain in 2003 iShirt.com b: Apple announces they will are working on a new product (the iShirt) in 2005. c: Apple applies for a trademark in 2005. Resolution: I would probably come out on top here. The reason is that my domain was registered before the term was used in business. These were just examples and the terms I used are hypothetical. Actual decisions could go either way.
I found now a domain of a shop that is working on the whole Europe, it is working alos in the country that else do not registered the domain but they are already working in this country. If I registered a domain and didnt put the real name, address etc... just my e-mail address should I be able to say to him "if you send me $xxxxx on this bank number: xxxxxx, the domain is yours." Or do I get more problems ?
Trying to sell the domain to them (even if they don't have a registered trademark) would almost gaurantee that you would lose the domain without compensation if that company knows anything about their options in a case like that.
That alone would be enough for you to lose the domain. You'd be better off spending a few extra dollars on private registration (although legal investigations can even make the registrar release your details).