質問
Hi, I would like to know about a trademark-related issue: We recently wanted to trademark our startup's name. There is no other trademark registered for that name. However, a company based in Brazil has registered the .COM domain with the same name and it doesn't look like the domain is for sale. If we registered a trademark for the company name, like STARTUPNAME (TM), could we do anything to get the STARTUPNAME.COM domain? Thanks!
回答: 4 public & 0 非公開
No, registering a trademark won't help you with getting that domain name.
In order to succeed in a UDRP, one of the things you need to prove is that the domain name was registered and used in bad faith (e.g. to steal your traffic, impersonate you, extort a high price from you). That's going to be impossible to establish if the domain name was registered before you started using your name and before you registered your trademark.
Registering a TM and trying to use it to take over an already registered domain name that hasn't been registered in bad faith is called reverse domain name hijacking. It's a common question though.
Best to email the domain name owner and see if they're willing to sell it.
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