Would trademark application help me to own a domain name if that domain is registered but not in use?

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Would trademark application help me to own a domain name if that domain is registered but not in use?

Probably not.

You can only trademark a service or product you own. For the case of a domain already registered, the domain name record already exist with the registry.

Sample Reasons for not seeing an already registered domain in use:

– The registrant may be having a site built, or maybe building it themselves by using a website builder tool provided by their registrar. In SiberName case it is the Weebly website builder that all domain names registered come with 5 free website builder tool. Building a website would take time depending on the project of site they have.

– They may only want the domain to use for personalized email purposes. In this case a registrant may never need a website for the same domain. SiberName has many clients who only register a domain name for the purpose of having a personalized email address. Having 2 free emails included with every purchase of domain name registered by SiberName makes it one of the top reasons.

Just because the site is not trademarked yet, it does not mean you can just trademark it and own it.

The registrant will be able to show prior record of use in the form of a domain name registration record from the registry (such as ICANN, CIRA, Eurid, Donuts ..) to prove he/she had the name first. Trade Mark application would be refused.

If you really want the domain name, don’t try this way of forcing it out from the rightful owner, try contacting them and making an offer for it. You can access to registrant details by doing a whois lookup on that domain name or contacting the registrar of record to contact the registrant on your behalf. In our case an email to support@sibername.com would help. We would contact and ask the registrant if they want you to contact them for the purpose you specified.

Or you can try to register another extension for the same spelling of the domain name. There are 100s of new domain name extensions you may choose.

Please note:  This is our opinion. You should consult with a Trade Mark lawyer if you need more details from the law perspective.

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