Forums: Discussions for entrepreneurs and small business.

Hello Everyone,

 

Here`s the issue at hand. I`ve registered a domain name, and this is also the brand name for my site, which is almost about to be launched. I have not registered a trademark for this domain name.

 

The name itself uses a word that typically ends in "ty", but because "ty" also makes the sound of the letter "T," I`ve simply left out the "Y..." in the end it works. So that`s the first word, and it is then followed by a second word.

 

The domain name that is also registered that ends in ty[secondword].com, is not an actual website (at this time). But I`m wondering, how much protection over my domain name do I actually have?

 

For instance, if whoever owned the corresponding domain (ty) seeked to register their trademark and was granted it, would I have to relinquish control of my domain name? Or would that person be infringing upon an already established web presense (something I would have in my favor), by creating a confusingly similar site, or simply registering that name as a trademark? 

 

While my situation may be unique with the "ty" and "T" thing, the greater issue here is somewhat of a worse nightmare. Establishing a web brand, but because my domain and company name was not registered as a trademark, losing control of the name to someone who registers the trademark (in this case of the actual word), maybe even in a concealed effort to blackmail.

 

The root of my confusion seems to be not fully understanding the power of the registered trademark, vs. the simple establishment of a brand and product.

 

Thank you all for you input.

Watson75

 

 

It kind of sounds like you`re either worried about, or considering something called typosquatting and these should help clarify your question on the domain name part: Wiki and McAfee

 

Here is a nice "big picture" take on what the USPTO looks at with marks and domains (and it references some good stuff if you like reading that kind of thing Here is overview link

 

Getting a lawyer is your best bet for getting the right answer, but it seems like with all the work it will take for you to establish your brand, building your software platform, and all of the million other details of finding and servicing customers, that biting into a legally questionable arena is going to give you that much more of a challenge when you can avoid it just by "not going there" ... I know it`s hard to walk away from something that seems so perfect, but sometimes that`s the best thing to do if it`s sitting right next to a gaping hole you can already see having the ability to suck you down to the depths.  Best of luck and have fun!