Use isn't limited to some wide, public use. You could have a tm on an obscure (to most) service, stress-testing domain names as you mention might qualify as an example, and still expect legal protections if someone else went into the stress-testing of domain names with a confusingly similar name. It's the potential for trade confusion (and dilution of course) which is important, not the breadth of the audience. And copyrights are a whole other topic and not all that related to trademarks or domain names though no doubt some parallels could be drawn. Copyrights, for example, can apply to two identical (or nearly) works if it can be shown neither derived from the other (e.g., just a coincidence) whereas the important test of tm's is their function in the marketplace. Registering a tm, even just for intent to use, doesn't really confer many rights for the registrant per se. A registration's most important function is it's considered reasonable notice to anyone else considering a similar mark and the date of the registration. They should check tm databases. "First in Time, First in Right". To assert rights and protections beyond that requires either voluntary compliance which is common. If one receives, e.g., a letter informing them that another party believes you are infringing on their mark, and particularly if your use is relatively recent, it's worthwhile considering finding another string unless you suspect the claim is specious. I've been involved in those. Or court and other legal proceedings which are much more exciting to contemplate but something businesses in practice try to avoid other than those with full-time legal staff looking for something to do today. But the point is USPTO or WIPO et al won't do anything to enforce your rights beyond perhaps cancel an infringing registration if ordered by a court or voluntary agreement. Their role is primarily to provide evidence of registration (e.g., dates and other details.) That's a little different from domains where the registrar is often also the mechanism for use (e.g., website hoster) tho they will generally cancel or transfer a registration if ordered by a court of competent jurisdiction. THE POINT IS: Domain names are often represented as embodying trademarks and owners will demand similar treatment (e.g., UDRP/URS, or courts.) That some might not represent trademarks isn't a counter-argument, it's just another topic of discussion. -- -Barry Shein Software Tool & Die | bzs@TheWorld.com | http://www.TheWorld.com Purveyors to the Trade | Voice: +1 617-STD-WRLD | 800-THE-WRLD The World: Since 1989 | A Public Information Utility | *oo*