No this isn't your standard thread. I have a slighly different question. 1) I read on a website that you can basically stick TM on a trademark, but that only signifies that you are in the process or will eventually register the trademark. Is that true? 2)Let's say you haven't registered your domain, only TM, and someone takes, trademarked.net, trademarked.info etc. Can you sue? Skinny
check out the links in my sig. I just wrote that stuff up the other day. Its from the gigilaw book and will be useful to you. Also I used the us patent and trademark office and many other souyrces you will find linked from my site. Yes, as soon as you can prove that you use a name in commerce, its pretty much your trademark. I just got done with a class on internet law, though I am not a lawyer if you have any questions I will try and point you in the direction of an answer.
1. Yes, by putting a â„¢ after your claimed mark, your declare it a trademark. However your protection only comes from actually using that mark in commerce. If you just claim it at home and never use it, you have no protection. 2. I am not sure what you mean when you say you have no domain only a TM. Do you own a mark and want to get the domain from someone else who has that mark as a domain? If so, it depends on if they also have a valid right to use that same name. Hope that helps some.