information Automatic Trademark Problem Detection

[blue crystal]

Is there some registrar ( or program ) that automatically checks out if some domain name has or might have some trademark violation before registering it ?

 

[Kpett]

No - you have to do your own research. A good place to start is the USPTO:
https://www.uspto.gov/trademarks-application-process/search-trademark-database

 

[blue crystal]

No - you have to do your own research. A good place to start is the USPTO:
https://www.uspto.gov/trademarks-application-process/search-trademark-database

Here is the opportunity for some programmer to create a software that does that !

 

[Bob Hawkes]

I agree that one automated TM search that would show the TMs on the main databases would be helpful to have. Of course one needs to sort out more than just is there a TM but whether it is live and actually awarded, and does that TM limit the domain significantly (i.e. if a word has obvious main application in area A but the trademark is for area B that has no overlap with A, there may not be a problem). There is of course the issue of whether an unregistered TM has been established by use. The area is complex, and a simple search product might oversimplify things (just as some argue the automated appraisals distract you from the hard analysis you should do re valuation).

Bob

 

[Furquan]

It's currently live on SH, you just need to hit "Check trademark".

 

[Gube]

It's currently live on SH, you just need to hit "Check trademark".

They get the data from a third party company.
So if we don't list our names at SH, I'm sure a service like this exists

 

[DomainRecap]

As Bob states, it's a lot more complicated than just identifying the TM for a given country or territory, and there needs to be some real research done. Often, the company holding the TM no longer does business under that name, or the TM has simply came along for the ride from a purchased (and now defunct) company. Sometimes that might be enough for it to be deemed inactive, or it might be in the process of being expunged, or it could still have enough use to be viewed as active.

Each case is different, and that's why trademark lawyers get the big bucks.

 

[blue crystal]

Of course one needs to sort out more than just is there a TM but whether it is live and actually awarded, and does that TM limit the domain significantly (i.e. if a word has obvious main application in area A but the trademark is for area B that has no overlap with A, there may not be a problem). There is of course the issue of whether an unregistered TM has been established by use.

I don't see why a program (especially, if it has AI ) could not do all that and even more.

 

[DomainRecap]

I don't see why a program (especially, if it has AI ) could not do all that and even more.

I don't see why not either, but it certainly could not be free as there are filing and access fees involved with a lot of the more detailed info.

 

[blue crystal]

Even if such a program was only 90% accurate, it still would be quite useful. Probably, not even experts are 100% accurate.

 

[branding]

I could've sworn I got an alert from estibot not too long ago about a significant lower valuation because of an existing trademark.

Anyone ever got this alert?

 

[namemarket]

I agree that one automated TM search that would show the TMs on the main databases would be helpful to have. Of course one needs to sort out more than just is there a TM but whether it is live and actually awarded, and does that TM limit the domain significantly (i.e. if a word has obvious main application in area A but the trademark is for area B that has no overlap with A, there may not be a problem). There is of course the issue of whether an unregistered TM has been established by use. The area is complex, and a simple search product might oversimplify things (just as some argue the automated appraisals distract you from the hard analysis you should do re valuation). Bob

Yes, that's a good summary of it. I can add that a big problem with a trademark data-base being widely used by buyers is a lot of end-users do not understand there can be active trademarks which are not infringing.

That's because they may not realize a key is its trademark classification filing category where you may have trademarks on the same word(s) but that's okay if used in a category other than how you use it.

I have lost substantial sales when end-users inquired or made offer then discovered at USPTO.gov there was a trademark and immediately cancelled due to it. When I tried to explain no worry as it was in a diverse category it fell on deaf ears, all they cared about was that trademark without regard to classification category and use.