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Old 04-25-2017, 09:32 AM   #1
freecartoonporn
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How to trademark domain name ?

I am working on new mainstream site. where i would like to own trademark for the domain name, so no one can register domain name with my word in it. its not dictionary word. its just made up word . so i have few questions regarding the same.

1) do i have to copyright it or trademark it or patent it ?
2) how much i need to spend?
3) is the spending one time or yearly ?
4) do i have to register trademark in US or in every country which controls cctlds ? or is there world wide organization ? which handle this
5) what happens when someone registers the my trademarked name's domain ?
6) whom do i contact to get the custody/ownership of such domains ?
7) how much does it costs ? to get the custody/ownership of such domains ?


Thanks for your time.
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Old 04-25-2017, 09:44 AM   #2
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In for info too.
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Old 04-25-2017, 09:47 AM   #3
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Heres what appears to be a starting point...

Can You Register a Domain Name As a Trademark? | Nolo.com
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Old 04-25-2017, 09:56 AM   #4
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5) what happens when someone registers the my trademarked name's domain ?

nothing happens, unless you pursue it yourself...

so I probably wouldn't even bother getting it, if you can't bother to go to a lawyer for real legal advice, you won't spend thousands of $$ on UDRP disputes / legal fees / etc each time you try to enforce that trademark either...
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Old 04-25-2017, 10:16 AM   #5
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https://www.google.com/search?num=10...regis tration

https://www.uspto.gov/trademark/trad...cess-timelines

Assuming you want to file in the US Patent and Trademark Office

Trademarks are not a DIY task for most people. We had to defend the .CAM trademark filing CAM was also a trademark filed by a bank in Spain -- our trademark was granted in the end but our lawyers did the work.

URS

Rights Protection Mechanisms for New Top-Level Domains (TLDs)
https://newgtlds.icann.org/en/applicants/urs

URS replaces UDRP for all new gTLDs
The arbitration fees are less than $1,000 that is what I have been told.

The time to prevent your trademarked name from being registered in the new gTLD registration was when that registry had its sunrise period. See: www.trademark-clearinghouse.com
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Old 04-25-2017, 02:01 PM   #6
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I'd contact Brean Law ( BreanLaw Trademark Law Firm ) with your questions. You'll probably get some good replies here too, but you may wish to hear directly from a lawyer about some of what you're asking.

They're who we used for our trademark and I don't recall it being too costly and they're pretty helpful and reply fast.
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Old 04-25-2017, 07:06 PM   #7
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thanks for your replies.,
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Old 04-25-2017, 07:36 PM   #8
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I used legalzoom to register a trademark for my mainstream business. I think it was $350 in the end. Pretty small price to pay although I haven't had to pursue anyone for abusing my trademark yet. I also bought the com,net,org,co,CA and a few other extensions but you have to draw the line somewhere.
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Old 04-26-2017, 06:23 AM   #9
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Quote:
Originally Posted by shake View Post
I used legalzoom to register a trademark for my mainstream business. I think it was $350 in the end. Pretty small price to pay although I haven't had to pursue anyone for abusing my trademark yet. I also bought the com,net,org,co,CA and a few other extensions but you have to draw the line somewhere.
thanks, legalzoom looks good.,
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Old 04-26-2017, 08:16 AM   #10
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Getting a trademark is easy - well sorta.

You can do it yourself but I wouldnt recommend it. If you make a mistake, you will need to start over and pay the filing fee again, depending on the mistake.

And if your TM does go through and is registered, then the spending really starts in defending it.

If you didnt register it correctly, your TM will be easily defeated and your registration will be cancelled. Which means all that money you spent defending is gone and so is your TM.

Getting step #1 right - the registration process - is essential in getting step #2 right - the protection of you brand. There isnt room here for a mistake.

My porn client got hit with a BS trademark claim by the Three Stooges brand and we easily shot it down. The owner of the brand is a lawyer and he didnt even get the trademark issue correct...

https://www.yahoo.com/tv/news/three-...181615413.html

Three Stooges / C3 never filed their lawsuit and went away quietly.
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Old 04-26-2017, 09:05 AM   #11
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one thing to take note of is that you have no rights to any domains registered before your trademark existed.
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Old 04-26-2017, 09:21 AM   #12
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Quote:
Originally Posted by pornlaw View Post
Getting a trademark is easy - well sorta.

...
Same thing with incorporating -- defending court actions require the corporation's legal counsel.

If you buy an existing domain -- that date of purchase is what matters.
As long as it belongs to the owner a newer subsequent trademark is subordinate in a claim
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Old 04-26-2017, 10:14 AM   #13
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if you can afford it get a lawyer. if not hit the self help. if you can't afford a lawyer what would be the point?? you would need to hire one to enforce the trademark.
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