# Brand Trademark & WebSite Purchase



## PatrickMasucci (Oct 18, 2009)

I've got a Brand Name, I've searched USPTO.GOV and found that no one owns this trademark. I'd like to purchase it. Like Affliction, no one can print Affliction on a shirt and sell it in Macys. 
Does anyone know how i can protect my brand? How to trademark my name so someone can't use it on clothing?

Also, I want to purchase a website under the name of my brand. I went to WhoIS, found the owner, contacted them several times, no response. Any advice, can I somehow legally demand the web site?

Thank You Everyone!


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## kimura-mma (Jul 26, 2008)

PatrickMasucci said:


> Does anyone know how i can protect my brand? How to trademark my name so someone can't use it on clothing?


You can submit a trademark application through uspto.gov. It's not tough to do it yourself, but make sure you have all your info handy. The site has a very extensive checklist of what is needed. Or you could contact an attorney to file it for you, or you could use a service like LegalZoom to file the application.

Something to keep in mind...
Registering your brand name or logo will certainly help protect you. But it is not automatic. Anyone can still go out and infringe on your trademark. It will be up to you to protect your trademark by issuing cease and desist orders and/or suing those who infringe on your trademark.



PatrickMasucci said:


> Also, I want to purchase a website under the name of my brand. I went to WhoIS, found the owner, contacted them several times, no response. Any advice, can I somehow legally demand the web site?


If someone else owns it, they own it. I don't think you can demand it simply because you want it. Just keep contacting them, hopefully they eventually get back to you and are willing to sell it.


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## tskid (May 28, 2008)

Tim is dead on.

I would just like to add the majority of the time, the USPTO is going to issue a refusal letter even if you don't have any substantial conflicts. It is at that time that you will need to send a rebuttal which is best written by an attorney. So it is up to you if you want to apply yourself and hire an attorney after the fact, or start with an attorney. Once you get a refusal you will get about 10 letters in the mail from trademark lawyers that buy your name from the USPTO. They charge like a flat fee of 350 dollars i believe. And the trademark app costs 325 dollars.

Trademark attorneys are also more savvy with the specifics. Getting you the most bang for your buck.

Legalzoom is also another way to go but I am not positive if they handle rebuttals.


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## pwhite20 (May 20, 2009)

kimura-mma said:


> If someone else owns it, they own it. I don't think you can demand it simply because you want it. Just keep contacting them, hopefully they eventually get back to you and are willing to sell it.



This is true MOST of the time, but there have been some exceptions to this in a few instances. Usually those cases stem from a long standing brand identity or a well known personal identity. Regardless, I doubt you'd fit into either of the below scenarios to even have a chance at getting it awarded to you. 

Purely hypothetical scenario of course, but let's say the name pepsi.com were for some crazy reason available and you bought it. It's likely the Pepsi company would be able to challenge your right to ownership over that domain in court and most likely would win because of their long standing identity with the name. If your last name were Pepsi you might have a chance of keeping it, but that would probably be the only way.

If my memory serves me correctly, I believe it was Madonna that had this very thing happen to her. Somebody else registered madonna.com and she took it to court. Because most people identified her with that name and the person that owned it could not establish a stronger right to ownership, she won. 

Most likely the best you could hope for if they don't respond would be to pay to reserve the domain name in the event the current owner lets their ownership lapse. You should be able to check the renewal date in the whois lookup. 

Just curious, but are they actually using the domain or is it just parked?


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## Rodney (Nov 3, 2004)

> Also, I want to purchase a website under the name of my brand. I went to WhoIS, found the owner, contacted them several times, no response. Any advice, can I somehow legally demand the web site?


You can't legally demand the site if they own it _before_ you registered your trademark. That would mean that their site (or domain name idea) came _before_ your trademark application. They call that "reverse cybersquatting". I'm not a lawyer, but they may actually be able to contest your trademark application. 



> How to trademark my name so someone can't use it on clothing?


The application form is online here: Trademark Electronic Application System (TEAS) Home Page


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## PatrickMasucci (Oct 18, 2009)

It is just parked with a bunch of crappy ads-


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## Rodney (Nov 3, 2004)

PatrickMasucci said:


> It is just parked with a bunch of crappy ads-


Even though it is "just parked", the domain owner could be using the domain for an email address at that domain.

They could have registered the domain so they can use it at a later date for a project they have planned.

There's no way to know what's going on with their business needs for the domain other than asking them. 

If there's no response, unfortunately, there's nothing you can do past that to "demand" the name from them since they legally registered it first and you didn't own the trademark *before* they registered their domain name.


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## wayneG (Dec 26, 2009)

To register your trademark start with Legalzoom.com. It is the most hassle free path.

The domain name is another thing. Even after you have the trademark registered, you cannot claim the domain name. If the owner is using the domain to push traffic to another website, he can take you to court for trying to steal his brand and he will probably win.

What most people do not realize is that a lot of one page "search engine" websites are traffic collectors. The traffic is sold to other sites and the owner is making a significant profit for the site. An old partner of mine offered 5K for one of these sites and was turned down. They would not discuss sale at any price.

Trying to get a site taken from a registered own is very, very difficult. My suggest is look for a new brand.

Good Luck


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## micromaui-closed (Mar 9, 2010)

I will probally get feedback on this, but here it is.
Most people are not going to steal your name. idea, trademark, etc. If you cant find anyone using it- go for it, you did all you legally could do. begin printing shirts, sell some, and make a record of the purchase. even if you have to, give some away- but record them. this is proof you came up with the idea before anyone else. ( like some musicians, send a sealed copy to yourself, postage dated, but dont open the package, just keep it in case).
our court systems are not filled with mobsters who stole t shirt designs. in fact, how many people responding will tell you they got a design stolen? Its good to be cautious- but not paranoid- were all small fishes. If you really like screen printing, the last thing you want to do is steal a design- thats the best part of this- DESIGINING!
anyways, thats what I know. I was a musician and read a book on copyright. the guy who wrote it made much more than anyone who went to court. 
To fear, or Not to Fear- that is the Question. (now bring it on)


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