Question
Hello!
We are based in Singapore. If I register a top-level domain in the United States and in Australia with our brand-name, can others still gain a registered trademark for that name in the U.S. (or Australia), despite the domain already being used by us?
Thank you!
Answers: 2 public & 0 private
A TLD is no more than an address whereas a registered trademark is evidence of intended identity and can be used to trump cybersquatting (as in case against trademark diluting). An analogy is that living in Buckingham Palace road doesn't give you any rights to living in the Queen's home. Get the order right, register the trademark in all the necessary jurisdictions you intend marketing, then build up the presence on/offline.
If in doubt, consulting with IPOS as they give intro classes on branding.
Hello: Yes. Anybody will be able to register your trademark in every single jurisdiction around the world regardless of your top-level domain name registration in the U.S. and Australia. Trademark rights and domain name rights are different. That is why one of them does not exclude the other. Regards, Rafael BELTRAN
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