NameSilo

Dead Abandoned Trademark - Ok To Register .com?

Located in Legal Discussion, started by magnizmo, Oct 23, 2016

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  1. magnizmo

    magnizmo Established Member ★★★★★★★★★★

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    Hi

    Just wondering. I found a domain name I want to register but thought I would do a trademark search first and it did come up as having a mark but it says -

    Type of Mark SERVICE MARK
    Register PRINCIPAL
    Live/Dead Indicator DEAD
    Abandonment Date March 1, 2016

    My question is can I register the .com It is available as an expired domain
     
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  2. magnizmo

    magnizmo Established Member ★★★★★★★★★★

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    After doing some digging on archive.org I found the domain did once have a site from 2006 to 2012 then it was dropped/expired. It then was parked on sedo for some time and was listed for sale for $877 for a good year.

    I just registered it. Not 100% sure if I should have, just didn't want to pass on it in case it was safe to register.

    This is some more info on the trademark I found -
    Trademark Events
    Event Date Event Description
    2015-05-19 NEW APPLICATION ENTERED IN TRAM
    2015-05-26 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM
    2015-08-26 ASSIGNED TO EXAMINER
    2015-08-30 NON-FINAL ACTION WRITTEN
    2015-08-30 NON-FINAL ACTION E-MAILED
    2015-08-30 NOTIFICATION OF NON-FINAL ACTION E-MAILED
    2016-05-08 ABANDONMENT - FAILURE TO RESPOND OR LATE RESPONSE
    2016-05-09 ABANDONMENT NOTICE MAILED - FAILURE TO RESPOND
     
  3. NameAcquisitions

    NameAcquisitions Name Acquisitions/Sales VIP ICA Member Gold Account

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    Look around and see if anyone is still using that name. Many companies sell "zombie" brands. You just need to make sure nobody else is using it, and it is truly dead. Don't solely trust uspto database.
     
  4. NameAcquisitions

    NameAcquisitions Name Acquisitions/Sales VIP ICA Member Gold Account

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    Also, be careful. That site closed in 2012 but the TM application was last year. Likely two separate parties.
     
  5. magnizmo

    magnizmo Established Member ★★★★★★★★★★

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    Thanks for your input. I checked it out pretty thoroughly, 3 other sites said it was dead/abandoned.
    The problem I see is, there is actually a game that is named very similar.

    Also, I didn't realise because all the trademark searches changed the spelling but the spelling in the domain is slightly different.

    This domain is casino related. Thought I would throw it out there. I have since taken the risk and registered it.

    Not sure if it was the right thing to do but I really wanted that domain name. Thanks again.
     
  6. magnizmo

    magnizmo Established Member ★★★★★★★★★★

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    mmmm I see. Good point!
     
  7. magnizmo

    magnizmo Established Member ★★★★★★★★★★

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    Also, the domain was parked for 2 years at sedo as well which is the main reason I thought it might be ok to grab.

    1. It is spelt a little different than the TM eg - Wins instead of Win
    2. TM on all TM search sites displays DEAD and Abandoned
    3. The domain has been parked for around 2 years. It did once have a website on it though.
    the bad -
    • As @netvoy mentioned a TM application was last year..
    • There is a game with the title still out there (spelt different)

    Not sure about this..Might have to drop it :(
     

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