can a name be considered intellectual property and protected if it is only registered as an unused domain?

I have developed a product and will soon be marketing it. I have already filed the application to register the name as a trademark for the company. However, the name is registered as a domain name that is not currently and has not been used by the current owner since it was acquired 9 years ago. What protection does he have and what rights do i have to take the product to market?

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Edgar Forbes, World Intellectual Property Review


Interview of Edgar Forbes, Intellectual Property Review

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Trademark Lawyer | Intellectual Property Attorney | Baker & Rannells Video


www.tmlawworldwide.com Intellectual Property Attorneys Over more than 63 years, Baker and Rannells, PA has become one of the most respected Trademark Attorneys firms in Trademark, Copyright, Patent, and related Intellectual Property matters including Licensing, Domain Name Disputes, and Music and Entertainment law. Baker and Rannells currently has hundreds of satisfied national and international clients ranging from single individuals and small business to corporations with annual sales of more than $6 billion. Whether a client is an individual or a very large corporate enterprise, Baker and Rannells’ Trademark attorneys and professionals have always prided themselves in providing the same courteous, honest, and professional service. Practically anything is capable of functioning as a trademark, including a word, a phrase (IF IT IS GOYA IT AS TO BE GOOD), a letter or letters (LV for pocketbooks), a number or series of numbers (346 for clothing), a pictorial scene, a smell (a fresh fruity fragrance reminiscent of oranges for paint strippers), a sound (the sound of a ringing cash register for notification services that funds have been deposited), a color (pink for insulation), packaging, (a fanciful bottle or label for alcoholic beverages) and product configurations (the shape of a lamp, for example). Before you select, begin use of and build equity in your trademark, we suggest that a thorough search is undertaken to determine whether your selected mark may be in conflict

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Genève: World Intellectual Property Organization

wipo

Image taken on 2009-05-28 13:25:02 by zug55.

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