I am starting a web business, whose name I won't state right away. Here is the issue. I've applied for a trademark for the business name. The trademark application hasn't yet been assigned to an attorney, but I'm anticipating that it will be within the next month (it's been submitted for about 3.5 months). I don't foresee a reason why the trademark application should be denied in the end, but for this question's sake, lets assume that the trademark application will be approved.
The domain name of the business that I am trademarking is already taken. It isn't being used, or even parked, but it is just returning a result as if the page doesn't exist, but when I check the whois record for the domain name, it shows it is registered to some organization.
My question is, what is the best (and cheapest) way to go about acquiring this domain name. What are the legalities behind it? I want to ensure that when I approach the organization that currently owns the domain name, they don't try to take advantage of me and raise the price to an abnormally large amount. I have had an unofficial appraisal of the domain name, and it is worth approximately ~$450-650 according to this source.
- Do I need to have an official service appraise the domain?
- Can I leverage the fact that I have a pending trademark to acquire the domain?
- If so, at what stage should I approach the current holder asking them to negotiate?
- If they try to take advantage of me, what options do I have in acquiring the domain name for a fair price?
Any help would be greatly appreciated. Thanks in advance.
