About TM domain

[saintlei]

I registered a domain which was once TM'ed in 1999 and TM cancelled in 2006. I got the info from www.uspto.gov
Can I own this domain and sell it, is it legal?

 

[Ronald Regging]

If the TM was abandoned or canceled, you should be fine. You'd definitely have a strong case if challenged. Do some other research online though to see if the name is in use by anyone else, because they may have rights to it.

 

[GiddyUp]

if the TM is listed as dead you should be fine. so even in the future if someone TM's it, you've had it before it was TM'ed...or in the event of the same company TM'ing it again, you had the name while there was no actual LIVE tm

 

[saintlei]

if the TM is listed as dead you should be fine. so even in the future if someone TM's it, you've had it before it was TM'ed...or in the event of the same company TM'ing it again, you had the name while there was no actual LIVE tm

yes, the TM dead :p
if someone TM's it or the same company TM's it again, what will happen?

 

[GiddyUp]

legally, nothing will happen to you, since you had the name before they TM'ed it. the way i understand it, you're 100% in the clear

 

[stscac]

I too own a domain name that has had a previous TM, but it is DEAD.

You're all set.

-Steve

 

[DNQuest.com]

For clarification, the USPTO is for "registered" marks. So if a registered mark was canceled or the application was canceled or denied does not mean there is no longer a TM. A TM could still be claimed under "common law". The USPTO is not the end all for TMs. If you want a true measure of a TM, Google(tm) it and see what pops up.

 

[saintlei]

For clarification, the USPTO is for "registered" marks. So if a registered mark was canceled or the application was canceled or denied does not mean there is no longer a TM. A TM could still be claimed under "common law". The USPTO is not the end all for TMs. If you want a true measure of a TM, Google(tm) it and see what pops up.

tried google about this TM, nothing special

 

[viciouscircle]

For clarification, the USPTO is for "registered" marks. So if a registered mark was canceled or the application was canceled or denied does not mean there is no longer a TM. A TM could still be claimed under "common law". The USPTO is not the end all for TMs. If you want a true measure of a TM, Google(tm) it and see what pops up.

100% correct. To establish a trademark, the mark simply needs to be used to represent a business in trade.

Registration with the USPTO, or any other trademark organization, simply grants additional rights to the TM holder and makes court cases easier to process, among other things.

That being said, most of the time, anyone serious about a TM will have registered it. So the USPTO is usually a good guide.