Can I use *****blogger.com

[rondo]

I want to use a domain that would include the term 'blogger'.
Would the term blogger be a trademark problem or would it be generic term, ie one who blogs?
I've looked for trademark info all over the site but cannot find anything.

Please let me know what you think.

Thanks

 

[dgridley]

If it was TMed at one point, the term has suffered so much dilution they'd be hard pressed to win a case...

I want to use a domain that would include the term 'blogger'.
Would the term blogger be a trademark problem or would it be generic term, ie one who blogs?
I've looked for trademark info all over the site but cannot find anything.

Please let me know what you think.

Thanks

 

[rondo]

Thanks for the reply. The trademark info was, of course, on the google site. Google owns Blogger.

They claim it is a trademark, but they also say Hello is a trademark of Google Inc??

I did a basic trademark search on 'blogger' and found the trademark app lodged by Google to be unregistered.

 

[primacomputer]

You can trademark just about anything. There are probably hundreds of trademarks of the word “hello” around the world for various products. This does not mean they own the word “hello”, just that they have exclusive rights to it in a specific industry in a specific country.

You generally aren't supposed to be able to trademark a term that simply describes what something is. If one slips through it will be unenforceable. Someone might pull a SCO and threaten to sue the entire world for using the word “blogger” but they won't actually take anyone to court.

 

[Dave_Z]

And as long as what you're doing meets the UDRP policies and rules which has
limits on what a complaining party can claim infringement for, you should be
fine.

 

[WebForging]

have to agree

Interesting thread & have to agree (once again) with dgridley, et. al.; especially important since I just picked up Webloggers.org and Weblogging.org.

I'm not worried about the name being TM'd.

Regards,
Keith

 

[Dave_Z]

Rondo, I just found these:

Word Mark B BLOGGER
Goods and Services IC 041. US 100 101 107. G & S: Electronic publishing services, namely, publication of text, audio, video and graphic works online featuring news, diaries, links, commentary photos, poetry, mini-essays, project updates, non-fiction and fiction. FIRST USE: 20000300. FIRST USE IN COMMERCE: 20000300
Mark Drawing Code (3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS
Design Search Code 260921
Serial Number 78232426
Filing Date April 1, 2003
Current Filing Basis 1A
Original Filing Basis 1A
Published for Opposition December 9, 2003
Registration Number 2819954
Registration Date March 2, 2004
Owner (REGISTRANT) Google Technology Inc. CORPORATION CALIFORNIA 2400 Bayshore Parkway Mountain View CALIFORNIA 94043
(LAST LISTED OWNER) GOOGLE INC. CORPORATION DELAWARE Google Inc. 1600 Amphitheatre Parkway Building 41 Mountain View CALIFORNIA 94043

Assignment Recorded ASSIGNMENT RECORDED
Type of Mark SERVICE MARK
Register PRINCIPAL
Live/Dead Indicator LIVE

Word Mark BLOGGER
Goods and Services IC 041. US 100 101 107. G & S: Electronic publishing services, namely, publication of text, audio, video and graphic works online featuring news, diaries, commentary, photos, poetry, mini-essays, project updates, non-fiction and fiction. FIRST USE: 19990831. FIRST USE IN COMMERCE: 19990831
Mark Drawing Code (1) TYPED DRAWING
Serial Number 78311623
Filing Date October 9, 2003
Current Filing Basis 1A
Original Filing Basis 1A
Owner (APPLICANT) Google Inc. CORPORATION DELAWARE Google Inc. 1600 Amphitheatre Parkway Building 41 Mountain View CALIFORNIA 94043
Type of Mark SERVICE MARK
Register PRINCIPAL
Live/Dead Indicator LIVE

If you're planning to use the intended domain commercially, you might want to
ask permission from Google. Otherwise it's risky.

 

[mole]

I want to use a domain that would include the term 'blogger'.

Nothing wrong with that. I want to use a term that includes google. Nothing wrong with that. So long as you don't show bad faith, even better if you show proper application of the name that has nothing to do with blogger or google as a company.

However, if people want to be nasty, they will sue you for using any words you can imagine like 'mother' or 'father', which is a trademarked name for rubber breasts in Christmas Islands, and a trademarked name for the gay community in Bora Bora.

You just need to stand firm.

 

[DomainOgre]

I think Blogger has become too generic to be really enforced unless it is in a domain name trying to replicate Blogger.com.

Simply put, people who blog are called bloggers. In addition, tons of other people have some variation of blogger in their domains.

 

[Dave_Z]

I think Blogger has become too generic to be really enforced unless it is in a domain name trying to replicate Blogger.com.

But will a UDRP panelist or judge see it that way?

I haven't seen any UDRP so far on the word blogger, so it's too early to say if
it's generic or not.

Although whether a word is generic or not is important, what's more important
is the intent behind it.

Simply put, people who blog are called bloggers. In addition, tons of other people have some variation of blogger in their domains.

Note also that Google has a registered trademark for "blogger", not blog. They
know all too well how difficult, if not impossible, it'll be to wrest any domain
name with the word blog in it from its owner, just like that.

 

[DomainOgre]

Yes, intent is huge as well. It would be best to use a blogger domain for a blog, a forum, or a blog directory. It would not be wise to use a blogger domain for blog software.

In fact, I don't seem to recall any blog software with blogger in the title except blogger.com.

 

[rondo]

Thanks for all the replies everyone,

Iv'e some thinking to do!

 

[mastodont]

Yes, you can,

 

[primacomputer]

Rondo, I just found these:
Word Mark B BLOGGER
Goods and Services IC 041. US 100 101 107. G & S: Electronic publishing services, namely, publication of text, audio, video and graphic works online featuring news, diaries, links, commentary photos, poetry, mini-essays, project updates, non-fiction and fiction. FIRST USE: 20000300. FIRST USE IN COMMERCE: 20000300
Mark Drawing Code (3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS

Yes, you can not use googles “B” logo on your web site. Feel free to design you own logo that looks nothing like that and use it on your whatever-blogger.com website.

Word Mark BLOGGER
Goods and Services IC 041. US 100 101 107. G & S: Electronic publishing services, namely, publication of text, audio, video and graphic works online featuring news, diaries, commentary, photos, poetry, mini-essays, project updates, non-fiction and fiction. FIRST USE: 19990831. FIRST USE IN COMMERCE: 19990831
Mark Drawing Code (1) TYPED DRAWING

Most likely a mistake by a tech-ignorant clerk. If so, it's unenforceable and should have never been grated. A descriptive noun is only allowed as a trademark in very specific situations. Only an expert could tell you if this is the case here. Regardless this would not preclude you from using a term like xxxblogger, or even registering that as a trademark.