Century21.pro TM issues?

[airwav]

I did an trademark search on Century 21 and found not such TM. My understanding is that a name such as this cannot be TM'd due to the fact that it is a common phrase. Is that true?

 

[Fundraiser]

There are several registrations for that exact mark.

 

[airwav]

Actually that is correct. There is one for a clothing store, one for a computer business, one for a real estate company which also includes century21.com. But as I stated it is a common phrase and I do not see that if it is century21.pro that trardemarked....

 

[Fundraiser]

Actually that is correct. There is one for a clothing store, one for a computer business, one for a real estate company which also includes century21.com. But as I stated it is a common phrase and I do not see that if it is century21.pro that trardemarked....

A common phrase or word used to identify an unrelated product or service can make it distinctive. "Apple" for a computer for example.

 

[airwav]

So if I owned Apple.com I would be in TM violation

 

[Fundraiser]

So if I owned Apple.com I would be in TM violation

There are too many factors to give you an educated answer as I am not an expert. Some factors include your use of the domain (if it is a covered category under a registered mark), if you have previously established rights, and how well known the mark may be. Sorry I can't provide more specific information.

 

[Tippy]

Well, I guess if its used for anything else besides the TM it would be fine, but what made you reg it in the first place, perhaps you shouldnt answer that ? here mind you...

 

[airwav]

Well, I guess if its used for anything else besides the TM it would be fine, but what made you reg it in the first place, perhaps you shouldnt answer that ? here mind you...

Ha good question. First of all I am very new to the domain industry, second of all it was there, thirdly I did not see any TM issues since it was a common pharase.

I think the issue is if I were to use it to market real estate I would be in TM violation, i.e., if I used Apple.com to sell computers. I have looked at all of the the TM marks for Century 21 and found a huge variety of associated businesses that do not compete in the real estate market.

I am submitting a TM application for Century21.pro for webhosting that will be specific to webhosting so I will not be an any type of violation. A nice chunk to my attorney and filing fees...this domain is costing me an arm and a leg.