CubaDomainsForSale.com
strongly advises every client to check Trademarks before
registration or purchase of a Domain name.
TRADEMARK
DEFINED
A word, phrase, slogan, design or symbol used to identify goods and distinguish them from
competitive products may be Trademarked. Trademarks may be registered with the United States Patent and
Trademark Office, and similar offices worldwide. However, in the United States and in
most other countries with legal systems based on English common law, Trademark rights also
accrue through common law usage. Trademarks are divided into 42 international classes,
each comprising or composed of similar goods or services. A name may be protected in
multiple trademark classes, assuming each class is relevant to the product's or service's
business area. Please see "Guidelines for Registering an Internet Domain Name as a
Trademark section, below.
TRADEMARKS
and CUBADOMAINSFORSALE.COM
CubaDomainsForSale.com does not knowingly own, buy, sell, lease, rent, or manage Domain
names that fall under the laws of Trademark rights or registration, without notification.
We, as is common and accepted practice, rely on the exclusivity of the "one and only
one" unique internet Domain name policy that has been established and is regulated
and enforced by InterNIC.
CubaDomainsForSale.com is not responsible for
Trademark infringement, for any reason, of Domain names under our listing. It is up to
each individual internet Domain owner and buyer to make sure that the internet Domain name
that they may own, or may be purchasing, does not infringe upon any Trademark(s).
If you believe that your Domain name,
protected by Trademark is in use by another entity, without proper license, please contact
the registered user of that Domain directly. If that does not work, please send a detailed
explanation of your complaint, along with appropriate documentation to:
.
Please include the URL for the web site that
is you feel may be infringing on your Trademark. As soon as we determine that in fact
there is a Trademark infringement, should we have that Domain name listed, we will delete
the offending CubaDomainsForSale.com listing immediately and without notice.
Under normal circumstances, we are able to resolve disputes within
10 to 14 business days after receipt a valid complaint. Our investigation of each
complaint typically involves reviewing the named Domain web site, if any exists, and
registration data to determine whether our Terms of
Service have been violated. We then contact the Registrant of that Domain name by
e-mail, to help to determine what preexisting rights, if any, that Registrant has in that
disputed Domain name. If we then agree that the Domain name violates the stated
intellectual property rights, CubaDomainsForSale.com will then remove the Domain name from
our listings and our DNS servers, if we control the DNS, meaning that a “server not
found” error message will appear whenever any attempt to access the domain name on
the Internet is made.
CubaDomainsForSale.com also pledges that the Domain name will not be
used for any purpose whatever through the expiration date of the registration period of
record. After the registration period expires, the Domain name will again become available
for registration, over which we have no control.
Trademark holders may request that we transfer ownership of the
disputed Domain name to them upon resolution of the dispute. If we determine that the
Domain name violates the stated intellectual property rights, we are not opposed to
effecting a transfer of the Domain name. However, we typically request a nominal transfer
fee designed to cover the costs of the initial registration and the transfer (including
fees paid to Registrar, Notary fees, etc.)
If you have any questions about our dispute resolution policy,
please contact us.
We are grateful for cooperation in assisting us to efficiently
resolve any dispute.
Online Trademark checking and services are
available HERE.
Complete internet Trademark information is
available HERE.
If someone registers a Trademark after a
Domain is purchased, unfortunately, there is nothing that CubaDomainsForSale.com do. If
you believe that your Trademark is being infringed on, please submit a detailed
explanation of why. We try to follow the guidelines set forth by InterNIC in Domain registration; first
come first served. If you believe that someone has registered your Domain in order to
misrepresent you or your company, please refer to our Trademark infringement policy
outlined and also please notify us at the above contact address.
Since there is
nothing that we can do at that point, this notification is for
informational purposes only.
TRADEMARK
REGISTRATION of an INTERNET DOMAIN NAME
While internet Domain names must meet all current United States Patent and Trademark
Office (USPTO) criteria to be federally registered Trademarks, the USPTO has also
established certain additional guidelines for registering Trademarks on Domain names.
These guidelines are set forth below.
 |
The
Domain name must be used as a Trademark; if an individual is using a Domain name only for
communicating personal information, he, then, would not be using the Domain name as a
Trademark, and the name could not be registered at the USPTO.
|
|
|
The
Domain name must be used for one of the three acceptable internet services recognized by
the USPTO. These services include:
communications
provider (International Class 38) - a service enabling parties to communicate with each
other (i.e., Sprint, Verizon, MCI, etc.);
access provider
(International Class 42) - a service providing computer technology to access the internet
(i.e., AOL, UUNet); and
content provider
(International Class differs with the type of service offered or provided) - a service
offering and/or providing information, published and/or provided via the internet in a
discrete area (i.e., travel, financial, advise, etc.)
|
The policy, recognized at any
given time, governing the reservation of internet Domain names with InterNIC and the rules for registering
those names as Trademarks with the USPTO are both constantly evolving. This area of the
law is an attorney bonanza! As a result, it is difficult to predict with any great
certainty how these respective rules will ultimately affect a company's interests.
Nevertheless, we trust that this summary of InterNIC's and the PTO's respective existing
guidelines will assist in becoming established on the internet, while at the same time
protecting its Trademark interests.
TRADEMARK RESOURCES
 |
