question Trademark

For US Trademarks I use US Gov TESS Database https://www.uspto.gov/trademarks-application-process/search-trademark-database

For global reach (incl US) I use https:??www.Trademarkia.com

This question has already been asked within the last week. You should search before posting to find answers to your questions.

Thanks stub! When using TESS, do you have any simple tips how to intepret the results?

For example, if you search "Apple" it returns 4188 records. This is using all extra words or (apple)[COMB] query. How do you narrow to just apple, seems not obvious on that page?

Even just filtering on Apple, there are multiple trademark holders, by industry sector, eg. in there is Apple brand trademarked in coffee. Not sure if that means much if none of trademarks is yours but still, room for interpretation.

Also when trademark overlaps with dictionary word, does that weaken trademark claims.

I use the dictionary of Common Sense.

It is very much undervalued in our industry

And hope that law-sense and common sense align. Good when they do. But this is more of a "what if" thread.

For example, would you reg a .com domain for a name that's branded/trademarked in one country (non-US), but not the others. Assuming it doesn't cost more than $100. Would you reach out to the company with offer?

Amphibia07 said:

And hope that law-sense and common sense align.

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Yup for sure, but technically common sense trumps everything because common sense tells you to check trademarks

nem said:

Hi all,

When registering a domain or anticipating a purchase of a domain for your portfolio, what relevant checks do you do to ensure you are protected from any trademark violations?

I believe this topic would be of use to many individuals.

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We are never 100% protected
Sad but true

So let's say booking.ca dropped and was on pending delete. Dictionary word, but trademarked obviously, how much would you bid in auction?

Let's say microsoftcoin.com was available for hand reg, would you reg?

Amphibia07 said:

So let's say booking.ca dropped and was on pending delete. Dictionary word, but trademarked obviously, how much would you bid in auction?

Let's say microsoftcoin.com was available for hand reg, would you reg?

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No, I would definitely not touch that. Who would be the enduser for names like that? It's to obvious IMO, so stick with common words instead - not made-up words that are heavily trademarked.

Amphibia07 said:

So let's say booking.ca dropped and was on pending delete. Dictionary word, but trademarked obviously, how much would you bid in auction?

Let's say microsoftcoin.com was available for hand reg, would you reg?

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Though only Canadian people or international entity who interested to build a local version in Canada will bid for booking.ca (no copyright issue)
microsoftcoin (I will not bid for it, copyright issue)

Galaxy Traveller said:

Though only Canadian people or international entity who interested to build a local version in Canada will bid for booking.ca (no copyright issue)
microsoftcoin (I will not bid for it, copyright issue)

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So on first, you are capturing geographic niche. On 2nd, product niche.

Booking has sites on most ccTLDs, but let's say you manage to get the ca version. Does it look stronger from trademark perspective vs the 2nd Microsoft domain.

Microsoft doesn't have any presence in coins, so you are anticipating future products. OK, maybe coins is a stretch, because they have many wallet related products and so on, but let's say you hand reg'ed bmwmaps.com. Can bmw claim it from you?

You cannot find Microsoft in the dictionary or it is not a common word. But it is a brand and trademarked. If you register it, it is vulnerable to trademark violation because Microsoft invented it and trademarked this name before you or first come first serve basis.

You can use bmwmaps but be careful if bmw fullform is not Basic Mobile World and not associated in anyway with bmw.

Nor123 said:

No, I would definitely not touch that. Who would be the enduser for names like that? It's to obvious IMO, so stick with common words instead - not made-up words that are heavily trademarked.

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I would grab it in a mili second, a generic one word term that would easily be defended against a trademark by any good trademark lawyer.

MapleDots said:

I would grab it in a mili second, a generic one word term that would easily be defended against a trademark by any good trademark lawyer.

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My comment was regarding "microsoftcoin.com", not "booking.ca" - the latter I would definitely grab! (I just grabbed bookers.in)..

Nor123 said:

My comment was regarding "microsoftcoin.com", not "booking.ca" - the latter I would definitely grab! (I just grabbed bookers.in)..

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And you would be absolutely correct in your decision

Nobody can use Microsoft for anything, it's a made up term fully owned in all aspects by Microsoft.

Thank you for clarifying @Nor123

if say , the crypto ICO, WER has the obvious web site WER.io and since all ICOs have a .network domain (like bitcoin.network). Can I reg a new domain WER.network ? will they claim it and make an offer ?
Thank you,

same goes for a famous tv european or canadian news network , say UTF.com. If I reg UTF.network, I'm I violating copyright laws ?

Amphibia07 said:

Let's say microsoftcoin.com was available for hand reg, would you reg?

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Please don't take this personally, but if that's actually a question, might I suggest, as kindly as possible and for your own good, that you find another hobby?

Something safe like, say, free climbing or blindfolded motorcycle racing.