|
I have registered domains names and set up a limited company in the UK. I intend to trademark the brand name of my company soon but do not have a trademark anywhere in the world.
However, in that time, if someone else sees my websites and decided to trademark it (for monetary gain) will their application be accepted and can they force me to hand over my company and domain names.
One example was when on the BBC2 show 'The Apprentice' - You're Fired show, the presenter announced the name of the company ( called Xenon Green) and within minutes someone registered the domain names.
Where do I stand?
Can someone take my domain names and idea?
if you have a registered company which uses the same name as your proposed website then you have prior claim on web addresses in the same country of origin as the TLD ie ".UK". assuming that the busines is already trading and the website(s) are up and running then you have prior claim.
someone can take out a trademark application (as indeed so can you - see tha patent office website; its not that expensive). if they make an applcition for ther trademark and its successfull and its in the same area as you then they have prior rights to the name, but not the website address. if there is an applciaiton in the pipeline, you can object to the applciation, however you have to show grounds for your objection (ie you are already using the name).
im not entirely certain what the precedence is one company has a trademark in your area of business (geographicaly and business type) and another enitity which has the same comapny name and website addresses. I suspect it could go on whoose been actively trading / using the name for longest.
|