All Questions in Domain Names >> Using my URL as a trademark

Using my URL as a trademark

Posted by . updated on 11/11/2009
I own a Yahoo Group named after a word I created. The list has become exceptionally popular in my community, and I have since built a company out of it.
Since I created it in 2001, I have also acquired the .net URL, as well as some others in my country. In the meantime, one of those annoying affiliate program companies based in the Cayman Islands bought the name's .com (to cash in on my company's popularity), and a friend who hoped to work with me bought the .org.
The name is very distinct, and has become a very recognizeable brand name in my hometown. A newspaper article written several years ago even expressly stated that I "had coined a new word."
My question: I am now debating selling the company, and the name is one of our most valuable assets. It has been suggested that I should have the name trademarked. My question is whether it is worthwhile doing so. I would think that all of the other stuff I have would stand up firmly in a court of law.
Thoughts?
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Answers (1)
 
JSonnabend
One does not "trademark" a name.  If you are using the word as a trademark and if it is functioning as a trademark, then it is a trademark.  You may seek federal registration of your mark, and in most instances, I advise doing so.

Regarding the other domain registrants, you may be able to forcibly take the domains from them via UDRP proceedings.

- Jeff
 

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