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Domain with pending trademark in it

Discussion in 'Black Hat SEO' started by leena, Dec 27, 2013.

  1. leena

    leena Jr. VIP Jr. VIP

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    I have a domain and i am using a brand name in it, the brand name is not yet a registered trademark but it says it will be a registered trademark in august 2014. My domain was first registered over 1 year ago, at that time they didnt even submitted the name for tradermark. It was submitted just 5 months ago and it is yet to become a registered trademark, my question is - Can i still build a site on this domain?
     
  2. tony_d

    tony_d Elite Member

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    Only if you challenge the granting of the trademark, and to do so successfully would probably require more resources than your site could return to you...
     
  3. infoasian

    infoasian Supreme Member

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    Depends on jurisdiction. In many countries trademarks may not be used before they were registered. Otherwise they become invalid. It means the person or entity using it first have senior rights over those who register a trademark at a later time.
     
  4. leena

    leena Jr. VIP Jr. VIP

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    I do not want to challenge the granting of trademark, i will take my site down in case the brand owner asks me to. I think he can only ask that in next 4-5 months when domain is a registered trademark, so maybe i can monetize the site till that happens?
     
  5. tony_d

    tony_d Elite Member

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    He can ask anytime he likes, but you're only obliged to take it down once he has the trademark - unless as infoasian said you wish to assert seniority of use, but you'd need to do that now during the review period.

    So - sure, if you can cash in in the meantime, why not :) And he might not even ask you immediately, it might take him some time to even notice your site.
     
  6. Asif WILSON Khan

    Asif WILSON Khan Executive VIP Premium Member

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  7. JoeMongan

    JoeMongan Jr. VIP Jr. VIP Premium Member

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  8. leena

    leena Jr. VIP Jr. VIP

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    Thanks, do you also think i can sell the site until the registration of that trademark is accepted? i just checked it will become registered trademark in 6 months time.
     
  9. tony_d

    tony_d Elite Member

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    You can sell it anytime a buyer is willing to pay you for it :)