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question About Trademarks

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mike2100

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Hi ,I want to buy a domain , I like it , how can I make sure 100% that I wouldn't face any troubles for trademarks issues , the domain is registered since 2000 , it's not exactly a one word or 2 words domain , something like "WordTech" , so the other word is not complete

I searched here : https://www.uspto.gov/trademarks-application-process/search-trademark-database
Trademark Electronic Search System (TESS)

found some trademarks for that exact word are dead , like "WordTech", others like " globalWordTech", "GreenWordTech "....etc are alive


what does that mean ? can 2 words trademarks affect my word domain ?
and what about the dead exact ones ?


searched on linkedin , found a company , in their discription they wrote WordTech®

so I'm not sure
is there another database that i can search ?
any thoughts ? what can I do :\ ?
.

Thanks ,
 
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Lets say you have "WordTech" domain.

And you can find WordTech® on LinkedIN, Facebook or somewhere else.


1. You cannot find any evidence of their trademark in tm databases.

But still, they (WordTech) can prove their tm rights !
They have to provide some type of evidence of use of "WordTech" as a trademark, showing that
"its mark has become a distinctive identifier which consumers associate with the complainant’s (Wordtech) goods and/or services".
"Relevant evidence demonstrating such acquired distinctiveness (also referred to as secondary meaning) includes a range of factors such as (i) the duration and nature of use of the mark, (ii) the amount of sales under the mark, (iii) the nature and extent of advertising using the mark, (iv) the degree of actual public (e.g., consumer, industry, media) recognition, and (v) consumer surveys."

a) If they can prove their tm rights in their name, we have next:
- your domain is obviously similar or confusingly similar to their mark (first element)
- you dont have rights or legitimate interests in a domain name (second element)
- THEY HAVE TO PROVE you registered and used your domain in a bad faith (third element)
; What does it mean depends on many things. Read as much as you can and try to figure it out.
= read UDRP cases
= you can also find many useful posts here

b) If they cant prove their tm rights, you are safe.
(but now you are not sure whether they can or not)


2. They have registered trademark or service mark rights and they are visible in tm databases.

Still it doesnt mean you "violate" their trademark rights !!!
Its not trademark infringement UNLESS THEY PROVE you registered and used your domain in a bad faith (third element).
 
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