Re: Re: Trademark the ".com"

Subject: Re: Re: Re: Trademark the ".com"

Comments:
: : : I have just registered a domain name, and now I want to : : : protect it by applying for a trademark. While searching : : : the Federal Database, I have notice trademarks of the : : : domain name, such as "whitehorse.com", while others : : : trademarked just "whitehouse". Which is better? Should I do both? : : : On a related note, if someone has already registered the domain : : : with Internic the domain(for example) "whitehouse.com", and I later trademark : : : the word "whitehouse", can I get control of the other : : : person's domain? What is I register "whitehouses" or some other plural? : : : Thanks : : It's a Wild West Show out there right now. The trademark law must be understood in order to know when you are in trouble.>> : I think that's why they are asking questions here, Arthur. : Sid: : The Patent and Trademark Office ("PTO")will disregard the .com when analyzing other trademark applications. Thus, someone who sought to register a mark that was the same as yours (or confusingly similar), but had a .com, should be rejected (assuming the mark was used for similar goods or services) by the PTO. : Arthur appears to be correct concerning domain names. While trademark owners may have rights over someone who is infringing their trade identity, priority of use is central to trademark law. If they were using it first, they may have developed their own common law rights in the name. : Hope this information helps. : Mark Lebow

Optional Link URL:
Link Title:
Optional Image URL:

Do not disclose any details of any trademark or any facts relating to your circumstances. See a lawyer.
Before you post a message you must agree to the Terms of Use.