Could I TM a domain? And some other questions

[twomoon]

Hello guys,

Well I have couple questions.

1.
For example:
I'm the owner of Mushroom.tv. Could I TM this domain? I would like to post videos about mushrooms on my site - this would be the purporse of use of this domain.

2.
If would register a TM for example in UK or in any other country, for example mine (it would be international TM). I would use Mushroom.tv for my project. But if someone would register a TM in US for word Mushroom with a purporse of use the same is mine? And how it would be: could I have some problems with him?

3.
What generally I should to do to protect myself in a case I'm using .tv domain for my project.

All thoughts would be highly appreciated.

* Mushroom.tv is just an example (I won't use this domain for my business).

Thanks, Nick

 

[Name Trader]

Assuming your domain is a generic .tv like mushroom.tv, then...

You need to already have a business using the domain before you can apply for a trademark (so I've been told before on this forum)

You cannot trademark the generic word "mushroom" for use with "mushrooms" but could trademark it for use with computers, ala Apple.

 

[enlytend]

You need to already have a business using the domain before you can apply for a trademark (so I've been told before on this forum)

In the US, you can file with "intent to use", but you will have to pay additional fees and file another form later. You also must begin using it in commerce within a certain period of time relative to certain stages of the approval process.

Rules may be different in other countries though - this info should be on the website of whatever country/organization you're planning to register it with.

 

[twomoon]

Assuming your domain is a generic .tv like mushroom.tv, then...

You need to already have a business using the domain before you can apply for a trademark (so I've been told before on this forum)

You cannot trademark the generic word "mushroom" for use with "mushrooms" but could trademark it for use with computers, ala Apple.

Thank you Stu!
Ok, but if I would like to use mushroom.tv for mushrooms, I don't need to TM this name? The same is with tights.tv for tights?
The main problem I'm worring is if I would create something on a generic domain (.tv) and it would become popular, in future someone for example from similar dot com name could make me some problems

---------- Post added at 08:21 PM ---------- Previous post was at 08:17 PM ----------

In the US, you can file with "intent to use", but you will have to pay additional fees and file another form later. You also must begin using it in commerce within a certain period of time relative to certain stages of the approval process.

Rules may be different in other countries though - this info should be on the website of whatever country/organization you're planning to register it with.

Thanks enlytend too!

Okay but what do you think if there are similar TM's for example in US and in UK let's say for Mushroom. I'm usuing for my business .tv name (TM registered in UK) and someone is using for example .com or .net (TM registered in US).
What TM is stronger? I mean to similar business based on similar domains (different extensions) and both business have a registered TM but in different countries. What's in this situation ?

 

[DN BROKER]

you dont need to TM mushrooms unless you TM it with .TV!

and TM MUSHROOMS TV

 

[Name Trader]

The good think about not being able to trademark mushrooms for mushrooms is that nobody else can trademark it either. So there should be no problems from other extensions unless you tread on their trademark.

 

[Dave_Z]

To be exact, you cannot use a generic term as a trademark in its generic or descriptive sense. As stu mentioned, you can't use mushroom dot whatever as a trademark for mushrooms.

A thing to remember is that a trademark distinctively identifies the source of its good or service (servicemark) in commerce. With that, you could use mushroom.tv as a trademark to, say, produce a series of TV shows or videos on something other than mushrooms. (like gadgets, for example...)

Also, others can likewise use the word mushroom as a trademark or servicemark for something else distinctive like computer repair, selling widgets, whatever else apart from its descriptive context. But...I get the impression you want to have a trademark on the domain name itself to prevent someone from taking it just like that.

I don't know if it's still applicable nowadays, so you might have to check with a lawyer with real-world experience at your relevant TM office to see how things are.

 

[twomoon]

Thanks guys once again!

Yes, my idea is to create a video site about mushrooms on mushroom.tv (it's an example). And i'm worring someone for example from mushroomtv dot com or dot net or whatever will do the same (similar) stuff - and if he would be a bad guy he probably could make me some problems if he will register a TM for for example "videos in Internet about mushrooms" (I don't know how it looks correctly . And if I won't have a TM he would take the my domain. Something like that