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"Chords" trademark issue

Labeled as question in Legal Discussion started by Adnan Shaikh, Jun 25, 2018.

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  1. Adnan Shaikh

    Adnan Shaikh Established Member

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    Hi friends,
    If I register chord in any TLD will there be any trademark issue? I think it's a generic name and there should be none. What's your advice?
     
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  2. MadAboutDomains

    MadAboutDomains Established Member ★★★★★★★★★★

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    It's a complicated game. There are no definitive answers, but here are some tips from me, mind you I'm not a legal expert:

    You're almost certain to get into trouble for the following:
    • If a newly filed or registered trademark exists that is identical or confusingly similar to your chosen domain name prior to your registration and you use it to provide the same or similar product or service.

      -- OR --

    • If your chosen domain name is the same, contains or is confusingly similar to an active trademark that is super famous and there's no way that you can possibly claim that you have not heard of it.

      -- OR --

    • If you approach and offer a domain name to a trademark holder that vaguely meets any of the above, either now or in the future, regardless of when you registered the domain and regardless of when they registered their trademark.

    You're less likely to get into trouble for the following:
    • If you register a domain name that isn't identical or confusingly similar to an newly filed or active trademark.

      -- AND --
    • If you register a domain name and use it for a genuine purpose to provide a product or service that isn't for the same or similar product or service of any newly filed or active trademarks.

    Trademarks exist in searchable trademark databases, of which there are many (one for most countries, some for other constructs like the EU). There are a few services that allow you to do this, such as: https://www.tmdn.org

    Trouble can be defined as anything on the following scale: nothing happens to astronomical monetary penalties and jail time.

    Happy searching!
     

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