Can a future Trademark affect me?

I'm not a lawyer, so take this with a grain of salt...

Your question, "So, if today I register a domain that I cannot find any trademarks for and cannot find any companies using and then two years from now a company decides to create a product or service by that name and trademarks it, do they have the right to force me to stop using that domain name that I registered before the trademark existed?"

Register the name you've chosen. I have no idea where you're located, but you're sure to have a business registration service in your state/ province.

Next, see a lawyer, explain you've registered your business, and ask him/ her what rights you have if the worst occurred.

I understand your fears, but I can't see that you'll have problems. Success does bring challenges however. Therefore, once you're grossing $500,000 a year from your new business, register your marks.

Here's what I'd do: I'd happily run my business, and if, years from now, someone asked me to cease and desist, I'd suggest that they buy me out. Or take a flying leap off a high cliff. :-)

In short, don't worry about it.

If you can prove that you created your name first and that your website or business name are more successful you should be fine if it came down to the court process. It is recommended that you trademark your site or name as soon as you can.

I am not a lawyer but this is to my understanding. You should do your own research however, I don't think we have legal experts on this forum yet.. who knows. I would imagine it would take several nights of reading to get a full understanding of trademark laws.

Good Luck!

Thanks Angela. I'm in the US and in the city and state I live in, it's actually rather expensive to register a business name and all the associated costs. I'm going through the process now for my main business name and the costs are quite high in the end.

So I would only do that for a domain name if I was making some serious money off it. Of course if I wasn't making money, then I wouldn't have much to worry about I guess. Since I'm planning on registering quite a few domains right now, it wouldn't be cost effective to register them as businesses. But yes, I will definitely keep that in mind for any that end up bringing me in sufficient profit.

I would highly suggest contacting a local attorney, but you can use forums like expertlaw.com and freeadvice.com for basic legal advice.

You are fine, unless you later make use of the subsequently filed trademark.

For example,

In 2011 you buy the domain acme.com.

You either do nothing with the domain or use it to show off your marble collection.

In 2012 I register the trademark acme in relation to my new Acme Lawn Mower product.

Can I file a UDRP or trademark action against you to take your domain?

No.

In 2013 you decide to show lawn mowers on your website and make money from Adsense or Amazon affiliate sales.

Now can I file an infringement action?

Yes.


Hope this helps.

.

You may also want to take a look at the resources listed here for more info, I have used it before: Trademark Resources - Webmaster Forum

Specifically this: http://www.keytlaw.com/urls/urllaw.htm

The answer to your question isnt easy and it depends in what country you are.
I am from EU and know from my personal expirience that when it comes to a trademark fight the main thing that is weighted by court is who first sold something e.g. has a bill with the company/product name on it. Then a single man can take down a million dollar company.

A simple ebay bill or paypal payment is everything you need IF the name is on it. The moment your bill was written the name is yours and cant be taken even if its not direct registered as a trademark.
I faced this problem 3 times. With a company from Germany, Poland and from US.
The german company was the first issue back in 2002. They really bit me in my butt and I had to give up everything but I learnd from that very well. The poland company lost at court. The US company threatend me 3 months and then gave up, paid me some $$$$ for domains and a statement not to use the name again.

So what did I learn and how could I fight a million dollar company?

When I register a domain or create a product name, I ALWAYS make busines paper with all infomation and write a bill to a friend mentioning company name, url and product name, hey pays via paypal or bank and I spend him a beer or two. I do that since 8-9 years and never had any problems since then only 3 folders full of bills
If someone send me a claim I make a copy of the domain registration and the bill thats all.
However if the product or service is out of date or didnt really convert I "give up" everything and sell it before it comes to "fighting" - Thats like site flipping

THIS IS NO ADVICE AND DOESNT REPLACE A LAYWER! IT WORKS HERE IN EU BUT I DONT KNOW IF ITS OK IN OTHER COUNTRIES!

All in all, the best advice anyone can give you is to check with an attorney about it for sure though. We can all give good suggestions and speak hypothetically, but I don't think that's something you want to base your business decision off of.

Thanks everyone for your input. Don't worry, I would never base any important decision on information from any internet forum. Just wondering what people's experiences have been and figured some people on here would have found themselves in this position at some point. When I talk to an attorney soon about the business I am setting up, I will ask them.

A Scot named McDonald had some hamburger stands in Waco, Texas. The other McDonalds did not come in for years, until they reached an agreement with him, because the use of the name is given trademark status in the governmental entity in which it is registered, superseding a later arrival.

So a county registration (business license) protect the first name only in the county. A state registration (corporation) protects the first name in the state, except in the counties where it is superseded, and a Federal registration protect in the US, except where it is superseded.