NameSilo

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

Located in Legal Discussion, started by Haris, Jan 2, 2017

Replies:
8
Views:
936

  1. Haris

    Haris Best Domainer Of The End-Times VIP

    Posts:
    6,441
    Likes Received:
    8,128
    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.
     
    Last edited: Jan 2, 2017
    The views expressed on this page by users and staff are their own, not those of NamePros.
  2. Hypersot

    Hypersot Top Contributor VIP

    Posts:
    2,349
    Likes Received:
    2,760
    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 :)
     
  3. Haris

    Haris Best Domainer Of The End-Times VIP

    Posts:
    6,441
    Likes Received:
    8,128
    So, if the brand has a local TM, and they file a UDRP to get our domain, can they win it?
     
  4. Hypersot

    Hypersot Top Contributor VIP

    Posts:
    2,349
    Likes Received:
    2,760
    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 :/
     
  5. 168

    168 Top Contributor VIP

    Posts:
    959
    Likes Received:
    1,071
    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!
     
  6. NPer

    NPer Very Allergic to CURRY PRO VIP

    Posts:
    4,649
    Likes Received:
    6,169
    "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.
     
    Last edited: Jan 2, 2017
  7. urlurl

    urlurl Top Contributor VIP ★★★★★★★★★★

    Posts:
    3,052
    Likes Received:
    5,982
    PinkFlower seems pretty generic to me - maybe they were not able to TM it.
     
  8. Haris

    Haris Best Domainer Of The End-Times VIP

    Posts:
    6,441
    Likes Received:
    8,128
    PinkFlower is just an example, I can't reveal the domain.
     
  9. 168

    168 Top Contributor VIP

    Posts:
    959
    Likes Received:
    1,071
    All true. Thanks!
    Happy Hunting
     

Want to reply or ask your own question?

It only takes a minute to sign up – and it's free!
biix
  1. NamePros uses cookies and similar technologies. By using this site, you are agreeing to our privacy policy, terms, and use of cookies.
    Dismiss Notice
Loading...