Registering Trademark Confused

Discussion in 'Legal Issues' started by widewebtalk, May 21, 2007.

  1. #1
    Hi i hope somebody can help me out i am confused on trademarks.

    I am launching a new internet business and as far as i have researched it is something that does not exist so i need to protect it. This will require a trademark for the domain internationally or at least in western country's were i will be more targeting.

    The problem is i don't understand the trademark is this something i should do does it really offer much in protection and has anyone here successfully had a domain trademarked and how long did it take etc.

    Appreciate any advice thank you.
     
    widewebtalk, May 21, 2007 IP
  2. Dave Zan

    Dave Zan Well-Known Member

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    #2
    Generally speaking, trademarks, like any law, can only apply in the jurisdiction
    they're enacted and enforced on. One exception to this is if any treaties exist
    to handle certain issues, like the Madrid Protocol to handle trademarks among
    countries who signed on and agree to its terms.

    But since, as you said, you don't understand trademarks, one place to start is
    your very own jurisdiction. If you're indeed from the UK as your profile said, go
    check the UK's trademark office.
     
    Dave Zan, May 21, 2007 IP
  3. yasha78

    yasha78 Active Member

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    #3
    Even if you own a trademark that's recognized internationally through certain treaties, you will have a hard time wrestling the domains from domain holders in different countries.

    i.e.: you register TRMRK.com in the US and trademark it as well - then, you want to register TRMRK.co.uk in the UK - and, it turns out that it is already taken. You might be able to get it back (although, it is very questionable in any case), but you will have to spend a lot of time, money and effort doing so, going through ICANN and possibly, the courts.

    So, basically, trademarks won't really help you. If it's international reach you are worried about - register the domain names in different countries - official trademarking can come later.

    Alternatively, after you register a domain name - a registered trademark will protect the name, but even if it's not registered, you will have "dibs" on the name in court, if the court determines that the name in question is already associated with you. So, in any case, don't worry too much about trademarks, unless you are investing so much that you want to protect yourself against any future contingencies.
     
    yasha78, May 21, 2007 IP