Brand has "TM" beside their logo but I can't find any trademark

Haris · Jan 2, 2017

Hi guys

I am watching a auction, I will use "PinkFlower.com" as an example.

One possible end-user for the domain is "PinkFlowers.com" which is developed.. but in their logo they use the keywords "PinkFlower" instead of "PinkFlowers" and they also have put a "TM" above their logo.. I searched the USPTO database and Trademark247.com but I can't find any trademark for these keywords. I have seen other brands do that too, no live trademark but they put "TM" with their brand name for some reason.

Why do some companies do that and what would you do if you were in my position.

Thanks.

Hypersot · Jan 2, 2017

It could be a local TM but, yeah, usually people do that without any legal backup

I usually find the local TM registry and -if possible- search in there for TMs or for registered businesses.
For example, here is a URL when I want to search in the Czech Republic's registry:
https://or.justice.cz/ias/ui/rejstrik

I always want to be sure that I'll have no-one after my ar$e if I purchase any kind of domain

Haris · Jan 2, 2017

Hypersot said:
It could be a local TM but, yeah, usually people do that without any legal backup

I usually find the local TM registry and -if possible- search in there for TMs or for registered businesses.
For example, here is a URL when I want to search in the Czech Republic's registry:
https://or.justice.cz/ias/ui/rejstrik

I always want to be sure that I'll have no-one after my ar$e if I purchase any kind of domain

So, if the brand has a local TM, and they file a UDRP to get our domain, can they win it?

Hypersot · Jan 2, 2017

Well, I tend to avoid anything registered (local or not) due to my domain usage being mainly parking monetisation.
The ads shown to a visitor could be from anywhere and that poses a problem.

I'm not sure what can happen if a domain shows nothing when visiting, ie. a blank page, until you try and get a profit from it (selling it is one way to do that).

Note that I'm not an expert in legal matters, I'm only trying to avoid upsetting others with what I do and also trying to respect their rights.

Sorry if I can't be of more help on this :/

168 · Jan 2, 2017

Haris100 said:
Hi guys

I am watching a auction, I will use "PinkFlower.com" as an example.

One possible end-user for the domain is "PinkFlowers.com" which is developed.. but in their logo they use the keywords "PinkFlower" instead of "PinkFlowers" and they also have put a "TM" above their logo.. I searched the USPTO database and Trademark247.com but I can't find any trademark for these keywords. I have seen other brands do that too, no live trademark but they put "TM" with their brand name for some reason.

Why do some companies do that and what would you do if you were in my position.

Thanks.

The TM mark is to establish use claim without actually filing. When you see a R after the brand is when you know a TM has been filed.
Filing is not mandatory to be able to claim a specific use.
If the plural is in use then you shouldn't use the non plural in the auction for the same use as the plural can claim 1st use/confusingly similar and bad faith reg. with or without an actual TM
Every time a domain gets sold it is considered a New Reg and more susceptible to a bad faith reg in UDRP's.
Happy Hunting!

NPer · Jan 2, 2017

"TM" does not necessarily mean it's registered trademark, but best to check (I know you said it wasn't, but just for anyone else reading). A TM can also be gained through usage. You'll find it typically on a name, logo, etc.
"(R)" signifies a registered trademark. Now whether or not it's true, you'll have to check. Depending on the country, it could be illegal to use the "(R)" if it's not a registered trademark.

Anyway, I've read about many cases in my country where the company never used "TM", nor did they have a registered trademark for their products, but were successful in the cases they brought against other companies for naming themselves or their products a certain name that was similar/confusingly similar to the company name/product. This has nothing to do with domain names, but I mentioned it to illustrate a point.

urlurl · Jan 2, 2017

PinkFlower seems pretty generic to me - maybe they were not able to TM it.

Haris · Jan 3, 2017

urlurl said:
PinkFlower seems pretty generic to me - maybe they were not able to TM it.

PinkFlower is just an example, I can't reveal the domain.

168 · Jan 5, 2017

NPer said:
"TM" does not necessarily mean it's registered trademark, but best to check (I know you said it wasn't, but just for anyone else reading). A TM can also be gained through usage. You'll find it typically on a name, logo, etc.
"(R)" signifies a registered trademark. Now whether or not it's true, you'll have to check. Depending on the country, it could be illegal to use the "(R)" if it's not a registered trademark.

Anyway, I've read about many cases in my country where the company never used "TM", nor did they have a registered trademark for their products, but were successful in the cases they brought against other companies for naming themselves or their products a certain name that was similar/confusingly similar to the company name/product. This has nothing to do with domain names, but I mentioned it to illustrate a point.

All true. Thanks!
Happy Hunting

Brand has "TM" beside their logo but I can't find any trademark

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Haris

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Hypersot

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Haris

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Hypersot

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168

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NPer

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urlurl

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Haris

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