Loophole to get the new TLDs you want?

9 replies
If I wanted a new TLD say Best.app, can I register a trademark "Best.app" and claim that domain in the trademark reserve stage and not bid on it during the release to the public?
#.app #domains #loophole #tlds
  • Profile picture of the author WillR
    I depends what the domain is currently being used for.

    A trademark doesn't just allow you to pull any domain back. If someone owns that domain and they are using it for something totally unrelated to your business then I don't think you would have much luck getting it back.

    I may be wrong but....
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  • Profile picture of the author Andrew Davis
    I think he was referring to the New gTLDs that are coming soon.

    ".app" doesn't exist yet as a TLD.

    So the OP is thinking of trademarking that term, so that when the ".app" TLD becomes available for registration, he will have first preference to the "Best.app" Domain.

    It is said that Trademark owners will have first preference to the New gTLD names that are related to their Trademark.

    Very interesting idea. In theory, it seems like a workable loophole.
    I don't know how long it takes for Trademarks to go in full effect and whatnot.

    I'm interested on hearing more opinions about this.
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  • Profile picture of the author Mike Hlatky
    6 months, if it is quick.

    FAQ t250067- USPTO
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  • Profile picture of the author mediamarket
    I believe you can't do this on generic terms like best like that , .app doesn't appy it's an extension of domain.
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    • Profile picture of the author kindsvater
      Originally Posted by mediamarket View Post

      I believe you can't do this on generic terms like best like that
      Yes, but you're assuming "best" is a generic term. There have been companies, and probably are companies, using that as a name which can be trademarked.

      Trademarks need to actually be used. You cannot register a bunch of names to "cybersquat" on them, which may be a problem for isharky.

      .
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      • Profile picture of the author mediamarket
        According to U.S. Copyright Office - What Does Copyright Protect? (FAQ)

        What does copyright protect?
        Copyright, a form of intellectual property law, protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture. Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed. See Circular 1, Copyright Basics, section "What Works Are Protected."

        Can I copyright my domain name?
        Copyright law does not protect domain names. The Internet Corporation for Assigned Names and Numbers (ICANN), a nonprofit organization that has assumed the responsibility for domain name system management, administers the assignation of domain names through accredited registers.

        How do I copyright a name, title, slogan, or logo?
        Copyright does not protect names, titles, slogans, or short phrases. In some cases, these things may be protected as trademarks. Contact the U.S. Patent & Trademark Office, 800-786-9199, for further information. However, copyright protection may be available for logo artwork that contains sufficient authorship. In some circumstances, an artistic logo may also be protected as a trademark.


        "Copyright does not protect names, titles, slogans, or short phrases."
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        • Profile picture of the author CyberAlien
          Originally Posted by mediamarket View Post

          They are asking about trademarks, not copyrights
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          • Profile picture of the author Steve B
            In your example, I would question the choice of the word "best" as a stand alone domain name. How does it target anything? Even best app used together is way to broad, at least in my mind.

            Also, let me ask this as it would maybe come into play . . .

            Do present trademark owners have protection for their mark to the point that domain extensions don't really matter?

            In other words, can Nike which owns Nike.com claim infringement for Nike.app or Nike.org? I don't really know, but I suspect the extension of a domain name may not mean a whole lot.

            Good thread.

            Steve
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  • Profile picture of the author malia
    Yes, but you're assuming "best" is a generic term. There have been companies, and probably are companies, using that as a name which can be trademarked.
    Best is a generic term. For example, best buy has a trademark on best buy but not the word best on it's own. The trademark law is very specific with regards to the usage of generic words.

    Trademark 'em – Geek Trademark Infringement: Best Buy vs. Newegg
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