How likely is it that someone would trademark your domain name/logo.

should it become popular?

[Atomic Justice]

I'm in the process of building a blog based site in which my domain will forward to, but not run from. I'll more than likely switch over to my own server once the ball gets rolling and my name gets out there... but that's what worries me. Have you heard of any cases where a blog or website became popular and someone found it was not trademarked and basically stole their name and logo from them, as well as domain?

Before going "live" I'm contemplating whether or not I should trademark my name because I want to think "positive" about my success.

Just how worried should I be about this?

[Quadrille]

Depends what the name is - but not very.

If you are serious, then why not start from Day One on your own domain - that's a far better way of showing you mean business at this stage. And much cheaper, too!

If your (intended) 'name' and your domain name match, and you use them, you'll be a in a better position to defend, if someone does try to use it.

If there's a serious investment going into your site, then you should think about serious name protection.

[edited by: Quadrille at 2:34 am (utc) on Dec. 9, 2008]

[Atomic Justice]

At the moment there is no investment, just time and Tylenol.

If things go well during this stage and someone TM's the name/logo I will just register my back-up name/logo and notify my userbase of the changes.

The running rates to trademark a name and/or logo were between $500-$700. A little out of budget... And not the biggest of my worries. Just trying to think ahead a little.

[edited by: Atomic_Justice at 3:36 am (utc) on Dec. 9, 2008]

[edited by: Webwork at 3:45 am (utc) on Dec. 9, 2008]
[edit reason] Charter - We minimize references to service providers, especially with pricing info [/edit]

[rocker]

How likely is it that someone would trademark your domain name/logo.
should it become popular?

Depends on how popular it is.

If it becomes very, very popular you can count on somebody attempting to register a trademark. It happens all the time.

Have you heard of any cases where a blog or website became popular and someone found it was not trademarked and basically stole their name

gmail

I would begin to use the domain name and logo ASAP. Perhaps set up an index page with just the name and logo then add a link to the forum.

Also, you can place a (tm) next to the name and logo.

If someone does attempt to register the trademark you can contest it during the opposition period.

[vol7ron]

I think that might be right, if Trademarks happen like copyrights. It's not who is the first to act legally, it's the one that can prove they were the first to have it. Good thing there are sites that record web history.

Now that being said, a lot of the time being able to prove also means having the ability (time and money) to fund the proof. So you might be able to show that you created it and have been operating with it since 15 years ago, but if you can't afford a lawyer or the legal fees if they contest, then that proof doesn't mean anything.

[Quadrille]

Also, you can place a (tm) next to the name and logo.

Bad move - tm implies that you *have * registered the mark. makes you look pretty silly if you have not.

[rocker]

Bad move - tm implies that you *have * registered the mark. makes you look pretty silly if you have not.

No, (r) means you have a registered trademark. TM indicates you are claiming right to use that mark.

Any time you claim rights in a mark, you may use the "TM" (trademark) or "SM" (service mark) designation to alert the public to your claim, regardless of whether you have filed an application with the USPTO.

[uspto.gov...]

[jimbeetle]

Well, at least in the States it's ® that designates a registered trademark. From the USPTO [uspto.gov]:

Any time you claim rights in a mark, you may use the "TM" (trademark) or "SM" (service mark) designation to alert the public to your claim, regardless of whether you have filed an application with the USPTO. However, you may use the federal registration symbol "®" only after the USPTO actually registers a mark, and not while an application is pending. Also, you may use the registration symbol with the mark only on or in connection with the goods and/or services listed in the federal trademark registration.

[mvander]

I am contemplating a similar investment in the trademark of a domain, it just hurts to spend money on items that don't directly add value. (but I know it is a part of doing business). First step I think is to register all the major top level domains you can with the name in it.

[Quadrille]

No, (r) means you have a registered trademark. TM indicates you are claiming right to use that mark.

Apologies - I was completely wrong on that; don't know where I picked up that piece of non-info!

[nealrodriguez]

i can't find the citation now; but you can claim 1st use rights to a trademark once you are the 1st to use it in commerce; thus once you make the 1st sale using the trademark, you are automatically an owner, regardless of uspto registration; ask an ip lawyer.

[kaled]

In the modern world, where domain names are concerned, first to register more or less wins the argument unless users are likely to confuse it with another existing site, product or company etc.

I haven't looked at the trademark registration process for years, but from what I can remember, searches are involved. If someone else is using the trademark, I think it is more or less impossible to register it. However, provided people are not going to be confused, other companies may be able to use it (but not in the same field of commerce). Also, some names are so common that they cannot be trademarked - "Maverick" is a good example. In such cases, logos can still be registered.

Kaled.

[piatkow]

The only risk that I can see is, having traded in a small way as "example" a major multinational decides to use "example" as a brand name. Yes I have the "right" to the name but they can afford bigger lawyers.

[Asia_Expat]

I notice the Google logo has a 'TM'... am I to assume then that this search goliath hasn't registered their trademark?!

[davezan]

am I to assume then that this search goliath hasn't registered their trademark?!

Google has registered their mark. They're just not required to use the R symbol.

David