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How to protect my domain name

Ahmed Aug 20, 2013 11:40AM PDT

I am building a new web service ( Freelancing market place ) , and already rent a domain name;
assume that my domain name is dojob.com
My biggest concern is, someone register the domain name (dojob) as trademark and sue me for using it ? is that possible? , can someone take the domain from me in a legal way ?
should I register the domain as trademark?, I am not concerned about the possibility someone uses the same name in his site as along as I own my domain.

Please advise,
Ahmed.

1 Agent Answer

Brett Aug 20, 2013 02:56PM PDT

Hello Ahmed,


Thank you for your message. Once you receive issuance of the registration of your trademark and all according rights to its use. Unfortunately, trademark rights do not allow you to forcibly take a domain from another party. You can force them to stop using their website to sell what you sell using your trademark, but you cannot take the domain from them simply because it's address (www.starbucks.com) is the same as your trademark (starbucks).

When you file a trademark application, you describe the business done using that trademark and then classify that description according to 1 or more of 45 trademark classifications. Once you receive the registration of your trademark, the intellectual property protection granted is for all products/services included in that class; meaning, no one within the country registration is sought in can offer the public a product/service within that class using your trademark.

So, once registered, it will be well within the scope of your legal right to have any parties stop using their websites to sell products or services similar to what you sell, again, either by using a domain address that's the same as your trademark (www.saintmate.com) or simply showing that name on their site as part of their marketing, but you cannot use those rights to take the domain from them and place yourself as owner.

Domain squatting is regulated by an agency, unfortunately I don't have much information about who or where you would go but it is monitored and squatters can, under certain circumstances, be removed as owner of their down; such action would be unrelated to your trademark rights though, once received when your trademark is issued registration.

Please let me know if I can be of additional assistance.

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