How can we protect a domain name and trademark internationally?

If the domain name is taken, can I still trademark the name?

• Hello, Perhaps you can help me. I want to brand my retail store and trademark a specific name, but the name is being used as a domain name. The other person's dot com website is under construction; it has the same name but a different logo. It is unclear what this other person is selling, if anything. I searched the United States Trademark system and the name is not trademarked yet. Can I trademark my brand name and logo? I am concerned that my application will be denied since the name is being used by someone else and the domain is taken. I am hoping that I can still trademark my brand since I have a different logo. Please advise. Thank you.

• Answer:

  You can try. The Patent Office is so far behind, and its current personnel so inexperienced, that they will patent anything, it seems. go for it! (I am personally annoyed that the PO allowed the patenting of certain genes that EVERY HUMAN has. What stupidity! However, it gives hope to people like you. You never know what they will or won't accept.) My husband was the Patent Officer for his company, and he says you can go on the PO web site uspto.gov and look for the Trademarks section. You can find out if anyone else has trademarked your name. He says that domain names and trademarks aren't correlated. He says even if it hasn't been trademarked, it's not automatic that you can get it, it depends on the examiner. He says don't waste your money on lawyers, you can do it yourself and it's not that expensive.