Service mark / Trademark ?

[Mike Tracy]

I know this isn't probably the appropriate venue to pose this question but maybe someone here can be of help or point me in the right direction.

The domain name I have owned and used for years is sorta unique and of course people immediately associate me with it (if you know me). As of late a prominent auto racing team has been referring to one of their cars by my moniker. I don't own the trademark to it and from a search I did no one else does either. Would it be in my interest to register it in hopes to somehow profit from it or protect me in the future or am I off my rocker ?

Thanks.

[Doug West]

If you're talking about trademarking the domain name...the basic answer is
no. Here's the answer that I found...

No, a domain name is not the same thing as a trademark. Use of a
domain name merely as an informational part of the domain holder's
Internet address does not qualify as trademark use. In order to
qualify as a trademark or service mark, the domain name must function
as a mark, that is, it must serve as an indicator of source and not
merely as an informational part of an Internet web address. If the
domain name functions separately as an indicator of source, the domain
name may be registered with the Patent and Trademark Office as a
trademark or service mark."

Doug

[Mike Tracy]

Thanks for taking the time to reply.

[Robert Amoruso]

Interesting information Doug, thanks.

[JH Tugs]

Would it be in my interest to register it in hopes to somehow profit from it in the future or am I off my rocker ?

Out of interest, in what fashion did you hope to profit from a trademark in the future? That sounds a little like the Trademark equivalent of domain squatting?

What I thought you were going to ask was - how do I protect my domain name if they trademark that name, then come along and try to assert that I have no right to use my domain name as it's their trademark?

[Mike Tracy]

Out of interest, in what fashion did you hope to profit from a trademark in the future? That sounds a little like the Trademark equivalent of domain squatting?

What I thought you were going to ask was - how do I protect my domain name if they trademark that name, then come along and try to assert that I have no right to use my domain name as it's their trademark?

I am not so naive to think I was going to get rich from the idea. It might at first look give the impression of trademark squatting but that isn't my intention at all. Since I have used ???.com for several years now and conducted business under that name I have looked into trademarking it in the past just in case a instance like this arises. Heck, Pat Riley was astute enough to trademark "three peat" and made a bundle from merchandise sales.

I have thought about the second point you brought up as well recently. I concluded that since I am the first that can publicly prove to use it I would have no trouble establishing rights to use it in the future. I know that in of it self that doesn't entitle me to own the name but would allow me to continue to operate the domain which I do own.

I never said I had all the answers. I actually don't have any of them. Thats why I put it here for discussion.

[Jim Poor]

One point; just because a domain name does not equal a trademark, does not mean that a trademark can't be a domain name.

[Art Peslak]

A trademark only protects you against someone using it on the same or similar goods or services. Registering your domain as a trademark,which is possible to do if its really a trademark, would not necessarily be infringed by someone using it for a race car unless of course you are in the business of photographing race cars.

[Mike Tracy]

A trademark only protects you against someone using it on the same or similar goods or services. Registering your domain as a trademark,which is possible to do if its really a trademark, would not necessarily be infringed by someone using it for a race car unless of course you are in the business of photographing race cars.

Thats pretty much what I was wondering. Thanks.