How to Address Domain Name and USPTO Applications that Interfere with Your Trademark
If one person attempts to register a trademark or domain name that is too similar to another person’s pre-existing registered trademark, there are two relatively efficient and inexpensive courses of action that can be used to either (i) compel a transfer of rights, or (ii) prevent the registration from being issued.
As a refresher, improper use of a domain name or trademark that is too similar to a registered trademark may constitute trademark infringement, and may potentially expose the unauthorized user to liability for damages or penalties and/or loss of any claimed trademark rights. In addition, under the Uniform Domain Name Resolution Policy (UDRP), international arbitration panels have the power to award trademark owners the right to seize infringing domain names in appropriate circumstances. As a result, business owners and entrepreneurs need to take the appropriate steps to avoid selecting a trademark or domain name that has the potential to get them into trouble…
Jeff Fabian assists business owners in minimizing risk and protecting their intellectual property assets so that they can stay focused on running their businesses. Visit www.fabianip.com for more information, and follow Jeff on Twitter @FabianOnIP.
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