Question about my recently filed trademark domain owned by someone els

[blademaster]

I have a trademark currently pending, upon trying to by the domain name i found out someone already owns it, how should i approach gaining this domain name? Should i offer any money to the current owner or do i have rights or some other way of trying to acquire the domain name once my trademark is granted?

Any help is greatly appreciated.

Please note i did not buy the trademark just to acquire this domain, I am actually marketing a product with this trademark and the domain is letter for letter my trademarked name.

Also the domain is not currently being used.

[Philosopher]

Your only real option is to try and purchase the domain. Since they had the domain prior to you filing and/or being granted the trademark, you don't have any legal ground to try and take the domain from them.

This isn't the first time this has happened or this question has come up. Always...always...always check domain availability prior to trademarking etc.

[jtara]

do i have rights or some other way of trying to acquire the domain name once my trademark is granted

Why do you think you would have rights in a name that was in use prior to your registration of the trademark?

See a trademark shar.... attorney. Perhaps they will have some angle.

Did you put the trademark in use in your business prior to registering it? Prior to the other fellow registering the domain name?

[Marshall]

Doman names are not trademerk or copyright protected. The best thing you can do is make an offer to buy it, but I suggest not menntioning the product you just trademarked - they may raise the price if they know how important it is to you.

In the beginning, a lot of people bought names like Pepsi, Coke, Mcdonalds, etc, hoping to make money on those companies wanting them so badly they'd pay anything.

[blademaster]

Thanks for the advice, i was not expecting to have rights i was just curious. I would not want to be a bully and just steal a domain from someone. I have contacted the owner without mentioning any trademark or intention to see if he was willing to sell it. I saw it was available for sale for $1000 on a popular whois site but the link did not return results for that domain. So i made the guy an offer below his asking price to see if he was interested in a quick sale.

[blademaster]

I got the guy to agree to $300 he was asking $1000

[Webwork]

I'm an sucker for a story with a happy ending. ;0)

Glad to read it all worked out. There obviously is some magic in posting here . . sometimes. ;)

And no, I'm not going to sell Money.com for $300.00 no matter how many times you post here. It's gonna cost you $1,000.00 and not a penny less. Forward the $$$$ to my PayPal account at [e-mail]. Thank you.