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question TRADEMARK: How does it works exactly? I need your help

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NameFinest.comUpgraded Member
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Hi guys, I have a few questions for you expert.

I checked for trademarks and most of the domains I'm interested to doesn't have one.

Except for one which is listed like this:


NON-FINAL OFFICE ACTION ISSUED - CLARIFICATION NEEDED
1/25/2022
Estimated Response Deadline: 7/25/2022

1) Do you think can I register the .com or may I get in trouble?

How likely are they will file a lawsuit against me and in this case what could happen?

2) If some trademarks are expired and I register the domain + the trademark, can I resell both?

3) If own a domain like namexyz.com and later someone registers the trademark "namexyz", what happens?

Thanks ya'll :)
 
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The views expressed on this page by users and staff are their own, not those of NamePros.
Not a lawyer but been in the business world for a little while. Some quick thoughts. If a domain matches an active trademark avoid it unless you are using for an unrelated business. If your not using it an active trademark should be avoided. A cancelled trademark could be safe but I would consult an attorney to be safe. A trademark doesn't expire but the registration could lapse in the situation the protection likely still stands.
 
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Not a lawyer but been in the business world for a little while. Some quick thoughts. If a domain matches an active trademark avoid it unless you are using for an unrelated business. If your not using it an active trademark should be avoided. A cancelled trademark could be safe but I would consult an attorney to be safe. A trademark doesn't expire but the registration could lapse in the situation the protection likely still stands.
Thank you.
In your opinion a canceled trademark in 2020 is safe?
I'm buying it for reselling, not for using it. Does it make any difference?

I mean they can still buy it from me :)
 
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Thank you.
In your opinion a canceled trademark in 2020 is safe?
I'm buying it for reselling, not for using it. Does it make any difference?

I mean they can still buy it from me :)

That recent is muddy if you have a friend or family that practice law I would ask them to be safe.
 
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Read about trademark applications online, not necessarily on this forum. You don't register a trademark like you do a domain name. You have to fill out an application for a trademark and include your actual use(s) or intended use(s).
 
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TM issues have to be handled on a case by case basis. There is really no generic answer that covers all situations.

Brad
 
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Okay, I will try to be more specific on my questions:

1) I own a domain which is AcquaFacile.it
Recently they opened a business called AquaFacile.it (in the Italian language the correct spelling is mine Acqua, not their Aqua). It would be cybersquatting if try to sell it to them? I mean I own this domain way before they started their business.

2) It would be illegal if I register a domain "NameX.com" if there is a business called "NameX" that didn't renew its trademark? On the registry, it was canceled and never renewed about 2 years ago. I don't think so, since it's expired and they didn't renew it, but I'm not an expert.

3) If I register a domain today and next week someone registers the same name as a trademark, what happens?

Thanks!
 
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1) I own a domain which is AcquaFacile.it
Recently they opened a business called AquaFacile.it (in the Italian language the correct spelling is mine Acqua, not their Aqua). It would be cybersquatting if try to sell it to them? I mean I own this domain way before they started their business.
If you registered it before they started their business, then you should be quite entitled to the name.
However, now they're set up, there won't be anyone else to sell it to.
They ought to want your name as a redirect before long anyway, particularly if it's the correct spelling and their brand isn't. I think you would be in a weaker position if you approach them.
 
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Hang on, I'm confused.. the business is called acquafacile?

It looks like they registered their domain aquafacile.it (without the 'c') back in October 2016.
You registered their business name, acquafacile.it in February 2022

You're playing with fire. Drop it.
 
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no sorry I got confused.

I own Acquafacile.com
and AcquaZen.it - I was talking about this one. I own AcquaZen.it and they opened a business called AquaZen.it
 
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