Tell me about TRADEMARKS in The Tailgate Posted September 16, 2011 Regardless of whether the other guy is using the domain name, if there is a risk of your trademark being confused with his domain name you'll have a problem. The other guy can object to your application, and the PTO examining attorneys will almost certainly find the registered domain name on their own anyways. The process can take like a year and half AFTER you file your application, and the fees are non-refundable if your application is denied for any reason. I am a lawyer and its took me months to figure out the process under similar circumstances. Although you do not technically require a lawyer to file a trademark application, I do not recommend that you undertake this project on your own. Good luck. Come on, be honest. You aren't a real lawyer, you're just a tax lawyer, right?