Can't Find in UPSTO...?

[kotan]

Let's say I found out that "SellMyCars.co" is available. I tried checking its .com counterpart and saw it featured this product (more like a software) that has the name "Sell My Cars™". Turns out they also own the .net, .org, as well as the singular form SellMyCar.com.

I tried checking UPSTO.gov and using only the keyword "Sell" with the Basic Word Mark Search, the search returned 233 results but none of which named "Sell My Cars"

Any thoughts if I should just register or should I be weary of the site flaunting that product with the ™ symbol?

 

[enlytend]

They are publicly claiming rights to the mark even though they haven't filed a formal registration. I certainly wouldn't use it for the same goods and services.

 

[03hal]

They are publicly claiming rights to the mark even though they haven't filed a formal registration.

Agreed. The superscript tm can be used to establish common law rights whether or not a US trademark application has been filed. One of the purposes of using the "tm" is to provide notice that you are in fact using the word / phrase / logo as a trademark.

 

[kotan]

@enly
so it's a wise decision to pass regging the domain i suppose

@03hal
thanks for d heads up as well considering that it's a first post :D

it's a good thing i asked i saved causing myself further and future trouble. repd both

 

[03hal]

Glad to help.

Trademarks vary widely in their "strength" from things like "apple" or "coca-cola" to marks like "bob's deli." Still, unless you are ready to really push it, it's best to leave the tm'd stuff alone.