.mobi Buying a .mobi with a "z" as the plural instead or "s"

[htmlindex]

Do you think it is good to buy a .mobi with a "z" as the plural instead or "s" if the one with the "s" is taken? For example, forumz.mobi?

 

[klm390]

well if you go and just replace the S with a Z of a TMed name then you would definitely lose the name quickly such as if you regged McDonaldz.com.

That was the only point I was making. Nothing was directed towards generics.

But FYI, The word Loans and Loans.com are open/live TM's. As are many other generic terms such as avatar and layout.



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[Razeeman]

There are slang words that end in z. I think some of those are good brandable words.
There is also a whole generation of people that type z' on lots of words.

Now would Loanz be a good name for a Lending institution... no of course not. However
Newz might work for a hip, urban news site.
So, I say, if the name fits your audience go for it.

It seems to be the advertisers that want sterile and bland keywords, lets mix it up with some colorful words.

 

[OZrice]

absolutely waste money

 

[nrmillions]

That was the only point I was making. Nothing was directed towards generics.

But FYI, The word Loans and Loans.com are open/live TM's. As are many other generic terms such as avatar and layout.



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loans.com with the extension included can be a TM but just the keyword LOANS cannot be a TM.

 

[klm390]

loans.com with the extension included can be a TM but just the keyword LOANS cannot be a TM.

Not picking, kidding or trying to cause a stir. Just pointing out to you that the the exact word LOANS, can be and is TMed.



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[nrmillions]

i just checked uspto.gov and the word loans is not a TM, its impossible to TM it.

 

[ezinaz]

loans.com with the extension included can be a TM but just the keyword LOANS cannot be a TM.

I don't think you can trademark loans.com, either, at least according to current trademark regulations in the US. The top level of the domain name ".com" is not considered when creating a trademark, so trying to register loans.com is the same thing as trying to register loans.

As an example, Cingular has applied for a trademark of music.mobi, the application was initially rejected, here is an excerpt from the denial from the USPTO:

The proposed mark is merely descriptive because it consists of the merely descriptive term or terms MUSIC, combined with the top-level domain (TLD) .MOBI, and is therefore merely descriptive of applicant’s goods and/or services. Trademark Act Section 2(e)(1), 15 U.S.C. §1052(e)(1); TMEP §§1209.03(m) and 1215.04. The TLD will be perceived by prospective customers as part of an Internet address, and, therefore, has no source identifying significance. In re Oppedahl & Larsen LLP, 373 F.3d 1171, 71 USPQ2d 1370 (Fed. Cir. 2004) (PATENTS.COM merely descriptive of “computer software for managing a database of records and for tracking the status of the records by means of the Internet”); In re Microsoft Corp., 68 USPQ2d 1195, 1203 (TTAB 2003) (“The combination of the specific term and TLD at issue, i.e., OFFICE and .NET, does not create any double entendre, incongruity, or any other basis upon which we can find the composite any more registrable than its separate elements”); In re CyberFinancial.Net Inc., 65 USPQ2d 1789 (TTAB 2002) (“The public would not understand BONDS.COM to have any meaning apart from the meaning of the individual terms combined”); In re Martin Container Inc., 65 USPQ2d 1058 (TTAB 2002) (“[T]o the average customer seeking to buy or rent containers, “CONTAINER.COM” would immediately indicate a commercial web site on the Internet which provides containers.”).
...
...
Arguably the mark is so highly descriptive or generic that it will not be recognized as a mark at all. The mark merely identifies the content (music) and the means (mobile phones and devices) by which the applicant’s services will be provided, and nothing more.

Accordingly, the examining attorney has refused registered on the Principal Register under Section 2(e)(1).

 

[klm390]

i just checked uspto.gov and the word loans is not a TM, its impossible to TM it.

Still there when I search. what's so hard to believe? Look a little harder and try to understand it's not just possible, it's actual.


Typed Drawing
Word Mark LOANS
Goods and Services IC 041. US 100 101 107. G & S: Entertainment services namely improvisational comedy consisting of an adult sketch performance group using cultural parody, parody of current events and news, satire, humorous stories, jokes, and audience participation. FIRST USE: 20010101. FIRST USE IN COMMERCE: 20010101
Mark Drawing Code (1) TYPED DRAWING
Design Search Code
Serial Number 76344735
Filing Date December 3, 2001
Current Filing Basis 1A
Original Filing Basis 1A
Published for Opposition May 28, 2002
Registration Number 2609798
Registration Date August 20, 2002
Owner (REGISTRANT) SALLEN, J D INDIVIDUAL UNITED STATES 7 FISKE TER Boston MASSACHUSETTS 02446
Type of Mark SERVICE MARK
Register PRINCIPAL
Live/Dead Indicator LIVE

I don't think you can trademark loans.com, either, at least according to current trademark regulations in the US. The top level of the domain name ".com" is not considered when creating a trademark, so trying to register loans.com is the same thing as trying to register loans.

As an example, Cingular has applied for a trademark of music.mobi, the application was initially rejected, here is an excerpt from the denial from the USPTO:

Word Mark LOANS.COM
Goods and Services IC 036. US 100 101 102. G & S: FINANCIAL SERVICES, NAMELY, ONLINE REFERRALS AND ACCESS TO BANKS, CREDIT CARD PROVIDERS, AND BROKERAGES; PROVIDING INFORMATION IN THE FIELD OF FINANCE VIA WEBSITES ON GLOBAL COMPUTER NETWORKS. FIRST USE: 19991215. FIRST USE IN COMMERCE: 20000115
Mark Drawing Code (1) TYPED DRAWING
Design Search Code
Serial Number 75785112
Filing Date September 20, 1999
Current Filing Basis 1A
Original Filing Basis 1B
Published for Opposition January 9, 2007
Owner (APPLICANT) Proctor, Peter H. INDIVIDUAL UNITED STATES PO box 294 reading VERMONT 05062
Type of Mark SERVICE MARK
Register PRINCIPAL
Live/Dead Indicator LIVE

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[nrmillions]

klm, the first one you put says it is for a drawing. someone could TM a special illustration of the word LOANS and then noone else would be allowed to use the design of it, but they cannot TM just the word loans. everyone should know this. the word loans is so heavily used if someone even did have a TM they would have lost it a long time ago for it becoming generic. obviously there is no TM too since every bank uses the word all the time and on their sites. its just common sense.

 

[klm390]

The Type of Mark is a Service Mark for the Word Mark loans. Typed Drawing means their application was sent in with the word loans typed(standard character format) and not with a design or a logo, aka Stylized or Special Form Mark. A description of the design/logo would be described under Design Search Code and not the Marked Drawing Code . The goods and services for the Service Mark "loans", are for "Entertainment services". The use of loans in banking is for financial services and does not infringe on their services and mark.



A. Standard Character Drawings (or a typed drawing)

Trademark Rule 2.52, 37 C.F.R. § 2.52, has been amended to replace "typed" drawings with "standard character" drawings. Applicants who seek to register a mark without any claim as to the manner of display must submit a standard character drawing that complies with the requirements of the amended rule. See Appendix A for the text of the rule as amended.

37 C.F.R. §2.52(a). In addition, the applicant must submit the following statement:

The mark is presented in standard character format without claim to any particular font style, size or color.





Still just pointing out that there are live TM's for loans, forum, avatar and layout. Only because you said there wasn't and I thought you might like to know there is.
Whether you will have any TM issues with these names is unknown to me. I would say it's highly unlikely unless you demonstrate "bad faith"

 

[ginggang]

I have mp3z.mobi which has been assoicated with them since they first arrived.