Where to register trademark like, pornhub does ?

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  • freecartoonporn
    Confirmed User
    • Jan 2012
    • 7683

    #1

    Business Where to register trademark like, pornhub does ?

    1) read the title , where to register ?

    so if someone tries to register my trademarked domain , i can snatch it ? only if the site gets popular.

    2) how much does it costs ?

    3) is the trademark fee per year or one time ?

    4) do i have to register this trademark in each country ? or in one country , ?

    5) what if someone tries to register ccTLD domain of my trademark ?

    6) does all domain registrars respect trademark ?

    Thanks for your time.,
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  • AdultKing
    Raise Your Weapon
    • Jun 2003
    • 15601

    #2
    1. Register everywhere you can.

    2. Up to hundreds of dollars per jurisdiction.

    3. You usually pay an application fee, examination fee then a trademark fee. The length of trademark validity before renewal varies from country to country.

    4. That's up to you and how well protected you want to make the mark.

    5. You can file a UDRP and have the case decided. The registration needs to be in bad faith.

    6. Yes they are required to by ICANN.

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    • freecartoonporn
      Confirmed User
      • Jan 2012
      • 7683

      #3
      Originally posted by AdultKing
      1. Register everywhere you can.

      2. Up to hundreds of dollars per jurisdiction.

      3. You usually pay an application fee, examination fee then a trademark fee. The length of trademark validity before renewal varies from country to country.

      4. That's up to you and how well protected you want to make the mark.

      5. You can file a UDRP and have the case decided. The registration needs to be in bad faith.

      6. Yes they are required to by ICANN.
      my only goal is to stop other people from using my trademarked phrase in their domain.

      1) why everywhere ? isnt there centralized registry for domainers ?

      thanks.
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      • AdultKing
        Raise Your Weapon
        • Jun 2003
        • 15601

        #4
        Originally posted by freecartoonporn
        my only goal is to stop other people from using my trademarked phrase in their domain.

        1) why everywhere ? isnt there centralized registry for domainers ?

        thanks.
        All domains are ultimately controlled by ICANN.

        However trademarks are controlled by jurisdictions, usually countries. A trademark registered in Australia may not be necessarily enforceable in Columbia unless also registered there, as an example.

        If company A has a trademark of Wow Widgets in Australia and company B has a trademark of Wow Widgets in Columbia and company B register wowwidgets.com then Company A can't do anything about it.

        Even more confusing is that common law trademarks are recognised as well, so an unregistered common law trademark may override a registered trademark in another country simply because of the reach of the common law trademark.

        Let's say Pornhub, as big as it is now, did not have a registered trademark but relied on a common law trademark, they could successfully oppose a trademark registration in another country simply on the basis that they are known world wide for their mark.

        This is why specialty trademark lawyers exist, it's all very very complex.

        Comment

        • freecartoonporn
          Confirmed User
          • Jan 2012
          • 7683

          #5
          Originally posted by AdultKing
          All domains are ultimately controlled by ICANN.

          However trademarks are controlled by jurisdictions, usually countries. A trademark registered in Australia may not be necessarily enforceable in Columbia unless also registered there, as an example.

          If company A has a trademark of Wow Widgets in Australia and company B has a trademark of Wow Widgets in Columbia and company B register wowwidgets.com then Company A can't do anything about it.

          Even more confusing is that common law trademarks are recognised as well, so an unregistered common law trademark may override a registered trademark in another country simply because of the reach of the common law trademark.

          Let's say Pornhub, as big as it is now, did not have a registered trademark but relied on a common law trademark, they could successfully oppose a trademark registration in another country simply on the basis that they are known world wide for their mark.

          This is why specialty trademark lawyers exist, it's all very very complex.
          okay, looks complex and expensive too .

          thanks., looking into it.
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          • Mr.Fiction
            Confirmed User
            • Feb 2002
            • 9484

            #6
            Where are you?

            Search several country databases here:
            https://www.tmdn.org/tmview/welcome

            Easy to register for US people:
            https://www.uspto.gov/trademarks-app.../filing-online
            Don't be lazy, protect free speech: ACLU | Free Speech Coalition | EFF | IMPA

            Comment

            • freecartoonporn
              Confirmed User
              • Jan 2012
              • 7683

              #7
              Originally posted by Mr.Fiction
              Where are you?

              Search several country databases here:
              https://www.tmdn.org/tmview/welcome

              Easy to register for US people:
              https://www.uspto.gov/trademarks-app.../filing-online
              i am in NC, but i dont want someone to register cctld of my phrase and steal my potential traffic.

              thanks
              SSD Cloud Server, VPS Server, Simple Cloud Hosting | DigitalOcean

              Comment

              • AdultKing
                Raise Your Weapon
                • Jun 2003
                • 15601

                #8
                Originally posted by freecartoonporn
                i am in NC, but i dont want someone to register cctld of my phrase and steal my potential traffic.

                thanks
                The thing is this.

                You might be able to get a trademark, but do you have thousands of dollars at hand to begin enforcement proceedings against violations of your trademark.

                Speak to an IP lawyer, that's the only way you'll get solid advice.

                Comment

                • Mr.Fiction
                  Confirmed User
                  • Feb 2002
                  • 9484

                  #9
                  Originally posted by freecartoonporn
                  i am in NC, but i dont want someone to register cctld of my phrase and steal my potential traffic.

                  thanks
                  You can't control Country domains since many countries (for example India) aren't going to give you an adult trademark no matter what (the big tubes have tried and failed).

                  You can protect yourself in the major TLDs.

                  This is one strategy:
                  1. Register the trademark. You can do it yourself at the link I posted previously. Find the proper classes and descriptions by looking at other similar trademarks that were successfully registered.
                  2. Register with Trademark Clearing House to protect your trademark in new TLDs.
                  3. Register with one of the domain monitoring services to get notified immediately if someone registers a domain with your trademark.

                  If someone registers a domain matching your trademark, go after them using either UDRP or URS.

                  It's not free, but neither is losing your traffic to other sites using your trademark.
                  Don't be lazy, protect free speech: ACLU | Free Speech Coalition | EFF | IMPA

                  Comment

                  • freecartoonporn
                    Confirmed User
                    • Jan 2012
                    • 7683

                    #10
                    Originally posted by Mr.Fiction
                    You can't control Country domains since many countries (for example India) aren't going to give you an adult trademark no matter what (the big tubes have tried and failed).

                    You can protect yourself in the major TLDs.

                    This is one strategy:
                    1. Register the trademark. You can do it yourself at the link I posted previously. Find the proper classes and descriptions by looking at other similar trademarks that were successfully registered.
                    2. Register with Trademark Clearing House to protect your trademark in new TLDs.
                    3. Register with one of the domain monitoring services to get notified immediately if someone registers a domain with your trademark.

                    If someone registers a domain matching your trademark, go after them using either UDRP or URS.

                    It's not free, but neither is losing your traffic to other sites using your trademark.
                    Thanks, this is very helpful.,

                    and sorry for not mentioning before., i am looking to trademark non adult phrase for mainstream project, so i guess , ill have to approach each and every country to register my trademark there.
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                    Comment

                    • Mr.Fiction
                      Confirmed User
                      • Feb 2002
                      • 9484

                      #11
                      Originally posted by freecartoonporn
                      Thanks, this is very helpful.,

                      and sorry for not mentioning before., i am looking to trademark non adult phrase for mainstream project, so i guess , ill have to approach each and every country to register my trademark there.
                      There is an EU-wide trademark system, so that takes care of quite a few countries. It's important to get your trademark registered early somewhere, so that someone else doesn't see your name and try to get a registration date earlier than you do. You could trademark it in the US first and then use that registration as the basis of your future registrations.
                      Don't be lazy, protect free speech: ACLU | Free Speech Coalition | EFF | IMPA

                      Comment

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