trademarked names

herr · 01-14-2008, 04:42 PM

Can I buy trademarks ? What can I do with them once I buy them?

jagusa · 01-14-2008, 04:45 PM

If you have a business and a new innovative name, you can register a trademark for it.

Originally Posted by herr

Can I buy trademarks ? What can I do with them once I buy them?

If you profit without permission from someone else's trademark, you are likely to be found financially liable for your thievery.

dnk · 01-14-2008, 11:13 PM

Many trademarks are country and product specific

SimpleDomaining · 01-14-2008, 11:33 PM

if you are new in the industry, please learn a little bit, read. Do not buy TMs. period. Or do not buy TM unless you know what are you doing and what kind of headache you can get from it.

herr · 01-15-2008, 11:12 AM

What would you do if you did buy it and the hyphenated name also? Can you hold it or use it to sell their product?

SimpleDomaining · 01-15-2008, 11:45 AM

if you would sell their product, you most likely would be sued, you would most likely pay all court expenses and would be forced to give domain to TM holder.

namehopper · 01-15-2008, 02:02 PM

It is too costly to bother with other people's TM's.It is best to stay away from them.

GILSAN · 01-15-2008, 04:00 PM

Before buying any domain that you may think might have trademark issues, you would be wise to first go to www.uspto.gov to see if it has a TM.

To find out click on Trademarks » Search TM database » New user Form search (Basic) » now go to Search Term and write the name of the domain without the extension and hit Submit Querry.

If it says "LIVE" then apparently it means that the TradeMark is still Active.

That's how I know how to do it. Perhaps there's an easier method.

GIL

flamewalker · 01-15-2008, 04:40 PM

I personally own a trademark name (bought it before i checked... stupid me)... but it is a generic term and the mark is specific to a very specific use. Thus, I can use the name, as long as I don't advertise the same service, or offer the same service. Also in my favor, it hadn't been used for the tm purposes in years.
????: NamePros.com http://www.namepros.com/domain-newbies/418437-trademarked-names.html

Its generally recommended to stay away from them though. I didn't do my homework, but did it after the fact, and ended up with a gem regardless. TM owners will often try to scare you first, like in my case, and fortunately for me, the owner never pursued it further.

My advice? Do your homework first. Is the term generic? Is the tm in active use? Is the tm Live or a tm at all? IMHO if you can answer yes-no-no, you might be ok. Not worth the risk though.

herr · 01-16-2008, 03:58 PM

This trademark is generic when spoken but not written. The TM is owned by an international corporation. I contacted the National Salesmanager but no one will contact me back and he was at first incredulous that I owned it , and later would not talk to me or respond to e-mails. It is live . They have never tried to contact me about it. They had years to buy it. China would love this domain I think. Can I use the hyphenated version? It is almost as valuable because people are not sure if the term is hyphenated or not.

flamewalker · 01-16-2008, 07:50 PM

If its truly generic, you might be able to use it for non-infringing uses (ie NOT selling their product or a competing product, or anything remotely similar). If it is a 'generic' term but spelled differently for their product (ie If the term is Eugenics but the TM is for Eugenix, I cant' use 'Eugenix'). If their product is a generic word, but you have a mis-spelled version... if you know what you are doing, maybe... but you are just asking for a lawsuit.

domainphenom · 01-19-2008, 11:58 PM

www.uspto.gov to see if it has a TM. I Did That it means nothing I have a name I reg Last Year did not ever think it had any trademarks infact i bought the .info the .net was still avilable as of last week I know because I got a Cease&desist letter and check to see who may have send it thinking maybe the person that owned the .com
boy was I wrong. see thread I posted in Legal section. Domainers Beware!

flamewalker · 01-20-2008, 10:25 AM

That doesn't make sense... the USPTO will tell you if there is a registered trademark... that doesn't mean there isn't a non-registered trademark... it doesn't mean nothing, but not ALL trademarks are registered.

herr · 01-21-2008, 09:53 AM

If someone has not claimed a domain site in 20 years and anybody in the world can buy it, is that thievery? I call that business. If I bought land that somebody sold and found gold on it that they could have had is that thievery?

flamewalker · 01-21-2008, 10:40 AM

A business doesn't have to claim a domain name... if they have a trademark, then you can't use it for the same purposes... period. And some trademarks you can't use for ANYTHING. It's not thievery if you didn't know about it because their trademark wasn't registered...doesn't mean you have any legitimate right to the mark. Thats just the way it is.

On the other hand if they failed to use and protect their mark for 3+ years, it may be abandoned, and if you have the money, you may be able to have it nullified. Any valuable mark is not going to be unused/unprotected tho. Regardless, your example is irrelevant in the domain and TM industries.

snowbird · 01-21-2008, 03:36 PM

Yeah, your best bet is to stay away from trademarks. The only people that might even be interested in them is the company itself that owns the trademark. Then if they want the domain, chances are they wont buy it from you. They will just make you hand it over somehow.

eugehet · 01-24-2008, 08:55 PM

Will you get sued for not handing over? But isn't it not fair if you got the domain first?

flamewalker · 01-24-2008, 08:59 PM

Most likely yes if they are a serious business. Its not about 'fair', its about who has a right to the name, and if its trademarked, you definitely don't have a right to it.

eugehet · 01-24-2008, 09:22 PM

so if i have a company name and i trademarked it.

When i buy domain name for it, i have to buy .com, .info, .net etc?

herr · 01-26-2008, 09:59 AM

Can you use a hyphenated version of an trade that is not hyphenated normally?

When I bought the hyphenated version of a trade I found it to be a mark also - even though it is a different company and industry.

flamewalker · 01-26-2008, 12:17 PM

Eugenet: ideally, you should be fine with the com net and org. the other extensions imho aren't worth much unless someone really tries to compete with you on them.

herr: not if it is a tm. If you get a generic name (Game Replay.com for instance), and you use it for a purpose other than for online video game rentals... you *might* be ok. I got lucky... I didn't check tm status beforehand but now know what I can and cannot use it for and the guy was just trying to one-off scare me. BUT... some names and tm's are considered "famous". Famous tm's (very well known aka Kleenex) they will go after you no matter what and will almost certainly win.
????: NamePros.com http://www.namepros.com/showthread.php?t=418437

If you have a tm name, best bet is to drop it. If it is a generic term that can be used for other purposes and you feel like gambling... well thats up t owyou...I wouldn't risk it.

herr · 01-27-2008, 12:17 PM

Flamewalker: Wonder if by a strange twist of fate the TM was Dead/Cancelled when I bought the domain but then they re-newed?

flamewalker · 01-27-2008, 01:55 PM

Still doesn't give you any right to use the tm... unless like i said its a generic term that can be used for other purposes, and you really are willing to take the risk of financial loss.

If the tm was declared dead, I don't know what implications that may or may not have... but I would assume if they resurrected it successfully, they would again own the tm, putting you back in the crosshairs. That is just an assumption tho...

It's never worth it imho.

herr · 01-27-2008, 03:25 PM

Can you park it and sit on it?

flamewalker · 01-27-2008, 03:29 PM

DEFINATELY not. You will lose the domain before you blink if you do that (especially with a live tm... not sure about a dead one). Parking is considered making money off of their tm/intellectual property, and is severely frowned upon.

01-14-2008, 04:42 PM	THREAD STARTER #1 (permalink)
herr New Member Join Date: Jan 2008 Posts: 12	trademarked names Can I buy trademarks ? What can I do with them once I buy them?

01-14-2008, 11:13 PM	#3 (permalink)
dnk NamePros Regular Join Date: Mar 2007 Location: On earth Posts: 419	Many trademarks are country and product specific __________________ Need unique content for your website and cannot find freelance writers? Original niche articles on sale for $4.99 / 220 NP Business databases on sale for $4.99 / 220 NP

01-14-2008, 11:33 PM	#4 (permalink)
SimpleDomaining Senior Member Join Date: Jun 2005 Location: Phoenix AZ Posts: 1,639 Follow @simpledomaining	if you are new in the industry, please learn a little bit, read. Do not buy TMs. period. Or do not buy TM unless you know what are you doing and what kind of headache you can get from it. __________________ naturalskincareproducts.com

01-15-2008, 11:45 AM	#6 (permalink)
SimpleDomaining Senior Member Join Date: Jun 2005 Location: Phoenix AZ Posts: 1,639 Follow @simpledomaining	if you would sell their product, you most likely would be sued, you would most likely pay all court expenses and would be forced to give domain to TM holder. __________________ naturalskincareproducts.com

01-15-2008, 04:00 PM	#8 (permalink)
GILSAN Senior Member Join Date: Feb 2007 Location: Madeira Island-Portugal Posts: 2,361	Before buying any domain that you may think might have trademark issues, you would be wise to first go to www.uspto.gov to see if it has a TM. To find out click on Trademarks » Search TM database » New user Form search (Basic) » now go to Search Term and write the name of the domain without the extension and hit Submit Querry. If it says "LIVE" then apparently it means that the TradeMark is still Active. That's how I know how to do it. Perhaps there's an easier method. GIL __________________ Best Dehumidifiers \| Cristiano Ronaldo \| Cape Verde Holidays Madeira Embroidery - Madeira Golf - Discount Cruises - Pet Care

01-15-2008, 11:12 AM	THREAD STARTER #5 (permalink)
herr New Member Join Date: Jan 2008 Posts: 12	What would you do if you did buy it and the hyphenated name also? Can you hold it or use it to sell their product?

01-15-2008, 02:02 PM	#7 (permalink)
namehopper PPC Help Needed! Join Date: Sep 2007 Location: Coastal NC Posts: 460	It is too costly to bother with other people's TM's.It is best to stay away from them.

01-15-2008, 04:40 PM	#9 (permalink)
flamewalker NamePros Regular Join Date: Mar 2006 Posts: 604	I personally own a trademark name (bought it before i checked... stupid me)... but it is a generic term and the mark is specific to a very specific use. Thus, I can use the name, as long as I don't advertise the same service, or offer the same service. Also in my favor, it hadn't been used for the tm purposes in years. ????: NamePros.com http://www.namepros.com/domain-newbies/418437-trademarked-names.html Its generally recommended to stay away from them though. I didn't do my homework, but did it after the fact, and ended up with a gem regardless. TM owners will often try to scare you first, like in my case, and fortunately for me, the owner never pursued it further. My advice? Do your homework first. Is the term generic? Is the tm in active use? Is the tm Live or a tm at all? IMHO if you can answer yes-no-no, you might be ok. Not worth the risk though. __________________ My Domain Portfolio/Domains for sale \| MASS Del.Icio.US Submission Get daily premium drop lists! DropHistory.Com My Blog: www.flamewalker.info

01-16-2008, 03:58 PM	THREAD STARTER #10 (permalink)
herr New Member Join Date: Jan 2008 Posts: 12	This trademark is generic when spoken but not written. The TM is owned by an international corporation. I contacted the National Salesmanager but no one will contact me back and he was at first incredulous that I owned it , and later would not talk to me or respond to e-mails. It is live . They have never tried to contact me about it. They had years to buy it. China would love this domain I think. Can I use the hyphenated version? It is almost as valuable because people are not sure if the term is hyphenated or not.

01-16-2008, 07:50 PM	#11 (permalink)
flamewalker NamePros Regular Join Date: Mar 2006 Posts: 604	If its truly generic, you might be able to use it for non-infringing uses (ie NOT selling their product or a competing product, or anything remotely similar). If it is a 'generic' term but spelled differently for their product (ie If the term is Eugenics but the TM is for Eugenix, I cant' use 'Eugenix'). If their product is a generic word, but you have a mis-spelled version... if you know what you are doing, maybe... but you are just asking for a lawsuit. __________________ My Domain Portfolio/Domains for sale \| MASS Del.Icio.US Submission Get daily premium drop lists! DropHistory.Com My Blog: www.flamewalker.info

01-19-2008, 11:58 PM	#12 (permalink)
domainphenom New Member Join Date: Jan 2008 Posts: 17	www.uspto.gov to see if it has a TM. I Did That it means nothing I have a name I reg Last Year did not ever think it had any trademarks infact i bought the .info the .net was still avilable as of last week I know because I got a Cease&desist letter and check to see who may have send it thinking maybe the person that owned the .com boy was I wrong. see thread I posted in Legal section. Domainers Beware! __________________ DomainPhenom.com:wave:FoxDots.com :rolleyes: RocketWebs.com :alien: LoanWiser.com used domains 4 sale at www.Gr8Dots.com save :$:

01-20-2008, 10:25 AM	#13 (permalink)
flamewalker NamePros Regular Join Date: Mar 2006 Posts: 604	That doesn't make sense... the USPTO will tell you if there is a registered trademark... that doesn't mean there isn't a non-registered trademark... it doesn't mean nothing, but not ALL trademarks are registered. __________________ My Domain Portfolio/Domains for sale \| MASS Del.Icio.US Submission Get daily premium drop lists! DropHistory.Com My Blog: www.flamewalker.info

01-21-2008, 09:53 AM	THREAD STARTER #14 (permalink)
herr New Member Join Date: Jan 2008 Posts: 12	If someone has not claimed a domain site in 20 years and anybody in the world can buy it, is that thievery? I call that business. If I bought land that somebody sold and found gold on it that they could have had is that thievery?

01-21-2008, 10:40 AM	#15 (permalink)
flamewalker NamePros Regular Join Date: Mar 2006 Posts: 604	A business doesn't have to claim a domain name... if they have a trademark, then you can't use it for the same purposes... period. And some trademarks you can't use for ANYTHING. It's not thievery if you didn't know about it because their trademark wasn't registered...doesn't mean you have any legitimate right to the mark. Thats just the way it is. On the other hand if they failed to use and protect their mark for 3+ years, it may be abandoned, and if you have the money, you may be able to have it nullified. Any valuable mark is not going to be unused/unprotected tho. Regardless, your example is irrelevant in the domain and TM industries. __________________ My Domain Portfolio/Domains for sale \| MASS Del.Icio.US Submission Get daily premium drop lists! DropHistory.Com My Blog: www.flamewalker.info

01-21-2008, 03:36 PM	#16 (permalink)
snowbird Emperor Penguin Join Date: Aug 2004 Location: North Carolina Posts: 727	Yeah, your best bet is to stay away from trademarks. The only people that might even be interested in them is the company itself that owns the trademark. Then if they want the domain, chances are they wont buy it from you. They will just make you hand it over somehow. __________________ Mike R. RegisterBird.com RegisterBird.com Star Program [Special Promotion on .IN, .COM, and .NET extensions!]

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01-24-2008, 08:55 PM	#17 (permalink)
eugehet NamePros Member Join Date: Aug 2006 Posts: 105	Will you get sued for not handing over? But isn't it not fair if you got the domain first?

01-24-2008, 08:59 PM	#18 (permalink)
flamewalker NamePros Regular Join Date: Mar 2006 Posts: 604	Most likely yes if they are a serious business. Its not about 'fair', its about who has a right to the name, and if its trademarked, you definitely don't have a right to it. __________________ My Domain Portfolio/Domains for sale \| MASS Del.Icio.US Submission Get daily premium drop lists! DropHistory.Com My Blog: www.flamewalker.info

01-24-2008, 09:22 PM	#19 (permalink)
eugehet NamePros Member Join Date: Aug 2006 Posts: 105	so if i have a company name and i trademarked it. When i buy domain name for it, i have to buy .com, .info, .net etc?

01-26-2008, 09:59 AM	THREAD STARTER #20 (permalink)
herr New Member Join Date: Jan 2008 Posts: 12	Can you use a hyphenated version of an trade that is not hyphenated normally? When I bought the hyphenated version of a trade I found it to be a mark also - even though it is a different company and industry.

01-26-2008, 12:17 PM	#21 (permalink)
flamewalker NamePros Regular Join Date: Mar 2006 Posts: 604	Eugenet: ideally, you should be fine with the com net and org. the other extensions imho aren't worth much unless someone really tries to compete with you on them. herr: not if it is a tm. If you get a generic name (Game Replay.com for instance), and you use it for a purpose other than for online video game rentals... you might be ok. I got lucky... I didn't check tm status beforehand but now know what I can and cannot use it for and the guy was just trying to one-off scare me. BUT... some names and tm's are considered "famous". Famous tm's (very well known aka Kleenex) they will go after you no matter what and will almost certainly win. ????: NamePros.com http://www.namepros.com/showthread.php?t=418437 If you have a tm name, best bet is to drop it. If it is a generic term that can be used for other purposes and you feel like gambling... well thats up t owyou...I wouldn't risk it. __________________ My Domain Portfolio/Domains for sale \| MASS Del.Icio.US Submission Get daily premium drop lists! DropHistory.Com My Blog: www.flamewalker.info

01-27-2008, 12:17 PM	THREAD STARTER #22 (permalink)
herr New Member Join Date: Jan 2008 Posts: 12	Flamewalker: Wonder if by a strange twist of fate the TM was Dead/Cancelled when I bought the domain but then they re-newed?

01-27-2008, 01:55 PM	#23 (permalink)
flamewalker NamePros Regular Join Date: Mar 2006 Posts: 604	Still doesn't give you any right to use the tm... unless like i said its a generic term that can be used for other purposes, and you really are willing to take the risk of financial loss. If the tm was declared dead, I don't know what implications that may or may not have... but I would assume if they resurrected it successfully, they would again own the tm, putting you back in the crosshairs. That is just an assumption tho... It's never worth it imho. __________________ My Domain Portfolio/Domains for sale \| MASS Del.Icio.US Submission Get daily premium drop lists! DropHistory.Com My Blog: www.flamewalker.info

01-27-2008, 03:25 PM	THREAD STARTER #24 (permalink)
herr New Member Join Date: Jan 2008 Posts: 12	Can you park it and sit on it?

01-27-2008, 03:29 PM	#25 (permalink)
flamewalker NamePros Regular Join Date: Mar 2006 Posts: 604	DEFINATELY not. You will lose the domain before you blink if you do that (especially with a live tm... not sure about a dead one). Parking is considered making money off of their tm/intellectual property, and is severely frowned upon. __________________ My Domain Portfolio/Domains for sale \| MASS Del.Icio.US Submission Get daily premium drop lists! DropHistory.Com My Blog: www.flamewalker.info