: Trademark a Domain .ORG when Another Domain .COM Exists Prior and Provides the Same Service I registered xxxx.ORG (and a few other TLDs for xxxx). The xxxx.COM was already taken. The xxxx.COM

@Sherry384

I am assuming U.S. law. I would always advise seeking the advice of a lawyer especially one who deals in these matters.

Trademarks are not like copyright where a copyright is automatic. However, if someone has been operating under a certain name, trademarked or not, they may have a claim depending upon whether the reasonable standard applies. In this case, it is reasonable that the two business operating under the same name may cause confusion. While you can quickly trademark the name, a counter claim can be filed based at least upon two factors: one, the trademark name was in prior use within a similar industry/business/locale; and two, there is a reasonable expectation that the secondary use of the name (yours) would cause confusion and disruption to the prior business.

All the other stuff does not apply. Only the website domain names and areas of performance and expertise matters. Copyright does not matter. E-mail address does not matter. The manner in which someone chooses to operate does not matter.

Yes. You can register a trademark for your name assuming that one does not already exist. But there may be a valid counter claim and potential civil suit to follow. But the burden would be upon the other site owner to prove his case. But be warned however, sometimes a trademark is rescinded for valid cause regardless of the weight of the claim simply because the trademark office may not want to get into a legal fight and does the expedient thing which can then open you up to a civil claim by virtue of the fact that a government entity as chosen a side. It could be a slam-dunk for the other site owner regardless of how strong your case is. I have seen this happen. Seek counsel.

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