davezan - 3:42 pm on Feb 5, 2005 (gmt 0)

There is another issue in the trademark/tradename area. I understand that the USPTO (patent and trademark office) is permitting the registration of certain domain names. What if the trademark registration period exceeds the domain name registration period, that is, the registration of the domain name expires? Does that mean one can have an exclusive claim to the domain name, even if the domain name registration expires? From my point of view, in light of how the domain name registration system works, I don't see how a domain name can become registered as a trademark.

While not an attorney, I'll offer some "unprofessional" feedback.

For instance, this recent UDRP case came in: mess.com [arbiter.wipo.int]

The complainant attempted to convince the UDRP panelists (in this case WIPO) due to their registered trademark
"mess.com". But if you read thoroughly, you'll see why it was denied.

Having a registered trademark doesn't necessarily grant its applicant absolute exclusive rights to the word/s no
matter what its usage except in the class where it's registered.

Also, I note that nowhere in the domain name registration system is the word "owner" used. Why isn't a domain name holder referred to as "owner" rather than "registrant"? It's all still unsettled, it seems like no one knows what a domain name is.

Registrars view domain names as service contracts that are governed by their respective registration agreements,
and not as property.

Also, anyone can claim ownership of a domain name. It then becomes a matter of proving such.

Registrars treat whoever is listed as the registrant as the legal owner, no ifs ands or buts. So if your name or that
of your holding/s isn't list there, better check fast.