Hello:
I am a Researcher & Translator specializing in trademark and brand
search, analysis and protection. I'm sorry to say this but the above
posted information is partly false. The poster haroon19-ga is correct
in saying that you need to worry if the person claiming rights to
"your" domain name and business name is a an owner of a trademark.
Howerver, there is a misunderstanding/misinterpertation regarding the
rest of the advice.
In the United States trademark rights are aquired by using a trademark
not only by owning a registration. This type of trademark ownership
falls under the realm of common law protection. It is generally
advised and helpful to file a an application for a registration with
the US Patent & Trademark Office. However, it is not a requirement to
claiming ownership and trademark rights.
If you are using a name (or pictorial image) to sell something it is a
name being used in trade...a trademark.
An important detail that may determine your rights is the first date
of use (meaning what day did you first use this name and domain name
to offer your product and/or service). If you were using the similar
name before the person who contacted you, you may in fact have a claim
against him or her.
Below I have pasted the first paragraph from the link attached the
horoon-19-ga's comment. It summarizes some of the above.
"Domain Name Disputes: Trademark owners and domain name owners should
know their rights under the UDRP. It is a strong weapon for trademark
owners (including owners of unregistered marks) and a potentially big
problem for owners of domain names that are the same or identical to a
trademark or service mark."
If you wish to investigate this issue further, I would reccomend
reading available information on the following sites as a starting
point:
www.inta.org (International Trademark Association's homepage)
www.uspto.gov (United States Patent & Trademark homepage)
www.nolo.com (An excellent source of all types of legal advice,
information and links.)
Pleae note that I am not an attorney nor should any of the above
information be misconstrued to be legal advice. I'm merely sharing
information as a professional in the intellectual property field.
The best suggestion I could provide would be to seek the advice of an
attorney experienced in intellectual property law.
Schott23 |