How can we protect our trademark and domain name? 1 Answers as of May 03, 2011

We have been faced with a domain name take over. The rights of the domain name has been given up but I would like to protect our other domain names as well as future domain names. For example, the domain consist of the name of company. We supply directly to toyota as the Original Equipment Manfacturer but we do not supply directly to nissan or honda. In order to protect the sites, could we setup separate corporation? The whole purpose is to save money on Trademark future purchases. Also, do we need to setup a PO box or have a physical address in Delaware. The savings are defined as $35 vs $375 at the US Trademark Office. The other option was to have our other office in Mexico purchase the domain name from us so we can protect the domain names. I'm not sure if those laws apply if the corporation and trademark was setup in the US and the domain name owner resides in Mexico.

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Intellectual Property Center, LLC
Intellectual Property Center, LLC | Ak Shaf
You ask some great questions. Initially, i would suggest contacting a lawyer admitted to practice trademark law with the trademark office.

Of course, we are biased as a law firm specializing in Trademark law, however, any legal advise will require familiarity with trademark laws. Because there are several basic items of information missing so we can not actually advise you with regard to your legal position. However, in general you do not need to register a trademark to have protection.

This is true both in the U.S. and outside the U.S. However, you can register your domain and your trademark and doing so will help prevent unscrupulous domain squatters from taking your domain away from you. Regarding Delaware law, there are many states which offer low cost registration fees, however, registration at the state level has limitations and is generally not as beneficial as registering at the federal level. I would suggest contacting an attorney for specific legal advise on that matter. If you have any more general questions, please feel free to contact us.
Answer Applies to: Kansas
Replied: 5/3/2011
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