Name Abandonment Question

[tim5478]

What is the name of your state (only U.S. law)? California

Hi. I have a basic trademark question. I know I should advise a lawyer, but I'm interested to see feedback from you experts out there.

OK, so say you buy an aftermarket domain name. The original company who registered the domain was more than a decade ago. It appears they never trademarked the name (I don't think it qualifies it's a bit generic), but were in business for a little while and then disbanded.

In any case it expired and was picked up by an aftermarket domain company. If you buy the domain and use that name for business, can the original owner come back and claim the trademark?

In my understanding of trademark law, the person who proves first use of a name is the rightful owner regardless if it's registered or not, but what happens if someone abandons a name like in the case above?

 

[The Occultist]

It's not even about first-use of name, it's about current use of name in commerce. If a mark ceases to be used, then there are no more protections for that mark.

My guess is most of your questions can be answered by browsing the FAQ at www.uspto.gov

 

[FlyingRon]

USPTO doesn't have any bearing on domain names directly. But the principle is similar. Just because you obtain a domain name, it doesn't mean you can squat on it to the detriment of someone who has a legitimate company name or trademark when you don't have one in good faith.

For info on domain name disputes look here:

ICANN | Domain Name Dispute Resolution Policies

 

[tim5478]

I'm not planning to squat it, I want to run a legitimate business using the name.

After some more research it seems that when a name is abandoned for three years and not used at all, it's up for grabs.

Now I just need to make sure it hasn't been used.

By the way, does anyone know how much trademark lawyers generally charge for a service like this, to make sure I can use the name and protect me from any future issue?