If I buy a trademark, do I have the rights to a domain name already in use?

[parnell]

I'm trying to start a company with a certain name that I want. The name is not trademarked, but the web domain is being used by someone as to what looks like a really small design business. If I buy the trademark, will they have to turn over the domain name to me? Thanks.

[larenzo]

No, if they are actually using the domain first, they can continue to use it.

In the early days of the E-net, people would buy domain names of well known products and then sell the domain name to the trademark company. It is legal as long as the holder of the domain name actually does something on the site.

For example, people would buy the name Chevrolet Coupe, Chevrolet Pickup, etc. etc. and then sell the domains to Chevrolet. This is the situation you are in.

[ear]

First, "trademark" is not a verb, so you cannot "trademark" something. It is a noun or an adjective. You may obtain a trademark by using it on your goods and services in commerce (in the USA). You may also file a state and federal application for registration of your trademark. The only way to know "they haven't trademarked it" is if you know that they have never done any business using that name on their goods or services.

A domain name (by itself) is not a trademark any more than a phone number or address, but can obtain the status of trademark after it acquires "secondary meaning" associated with your goods or services.

If you have started using the trademark earlier than the people who own the similar-looking domain name, you may want to take a look at the laws on "cyber-squatting". If they registered a domain name and you want to buy it from them, then you should negotiate in good faith.