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Domain name already registered, does this mean that this name is trademarked?

 
 
xbcc
 
Reply Tue 8 Aug, 2017 10:35 am
Hi all,

I want to use a name for my new business. The name is pretty generic/descriptive, let's take ''marketing knowledge'' as an example/illustration. The business name is not trademarked as far as I know, because it couldn't be found on eSearch plus (european trademark database) or the Trademark Electronic Search System (TESS).

But there is a domain name already registered for that name, marketing-knowledge.com. Is it okay if I use this name for my business and register the .net version of this domain?

Or is it trademarked only because someone has registered the domain name for it (without having built a site for it)?

Thanks in advance!
 
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jespah
  Selected Answer
 
  3  
Reply Tue 8 Aug, 2017 10:44 am
@xbcc,
Looks like they would have to do more than register the domain name.
http://www.nolo.com/legal-encyclopedia/domain-names-trademarks-faq.html
http://www.nolo.com/legal-encyclopedia/filing-federal-trademark-application-faq.html

However, talk to a copyright/intellectual property attorney in your area if you are concerned.
PUNKEY
 
  2  
Reply Tue 8 Aug, 2017 01:43 pm
@jespah,
When the web was new, people registered all kinds of names including nike.com . Those companies bought the use of the names back from people who made a ton of $$.

Check to see what their business name is used on the web site. Also corporate names and DBAs if in the US.

i
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xbcc
 
  1  
Reply Wed 9 Aug, 2017 08:37 am
@jespah,
Thanks a lot, this has answered my question.

@Punkey: There is no website for the domain name, it's just not available to register the domain name. Thanks!
jespah
 
  3  
Reply Wed 9 Aug, 2017 08:51 am
@xbcc,
Yeah - sounds like they're a cybersquatter, but I would go the attorney route (in the interests of full disclosure, I'm a retired lawyer) mainly because it's an easy fix now if you have to change things, but it'll be a super PITA later.

And thanks for the ribbon! Smile
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