Domain infringements

[Raj045]

D/Experts,

Is their any infringement of Spacex.com in following domains:
spacexcoin.com
spacexinfo.com
spacextools.com
spacex.codes
spacexhub.com
spacexclub.com
Plz.reply

 

[draco]

I looked and was extremely surprised to find a SPACEX trademark for clothing that's not SpaceX's. Curious how long it will last.

While I don't know your intended use of the domains or if you're just hoping SpaceX will pay you for them, I'd say they're more trouble than they are worth.

 

[Raj045]

Thanks draco, recently I've read thread "Facebook messaged me..", regarding infringement, so this question arises. And I've not any intention to receive money with infringement from any Brandname/trademark.

 

[jberryhill]

I looked and was extremely surprised to find a SPACEX trademark for clothing that's not SpaceX's.

No, there isn't.

 

[draco]

No, there isn't.

What about Serial Number 90174756?

 

[jberryhill]

Raj, your question, like so many of these, is of the form "If I play music on the piano, will it sound good?"

So, let me ask you: 1. If I play music on the piano, will it sound good?

Leaving that aside for a moment, the other question I have for you is this: 2. Is there any value in those domain names and, if so, can you explain exactly why they would have value?

I promise you that the second question is really the key to understanding your first one.

 

[NickB]

Soo...If the piano is out of tune then there is no music.....just random notes...?

Which is no good to anyone?

 

[jberryhill]

What about Serial Number 90174756?

That is an unexamined intent-to-use application filed last month.

Not only is it not a trademark, but it is not a registration, and it is an admission that the applicant is not even using the claimed mark.

For $275, you can file whatever the heck you want with the USPTO. It will show up in the database.

Go ahead, file an intent to use application for "MICROSOFT" for sex toys if you want. It will have all of the meaning and legal importance as the recently filed application to which you are referring.

In the United States there are two registered marks for "SPACEX", and they are both owned by the same party:

Do you see that column that says "Reg. Number"?

Do you notice several entries which have an application serial number and NO registration number?

There are several abandoned applications which were never registered as marks, two which were registered (and thus have registration numbers) and two pending applications?

All this data:

Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 90174756
Filing Date September 11, 2020
Current Basis 1B
Original Filing Basis 1B

It means something.

"1B" means it is an intent-to-use application. Unlike a 1A (based on use in commerce) application, a 1B application is filed to simply hold a place in line based on an intent to use the mark some time in the future. It will never become a trademark registration unless, at some point in the future, the applicant files proof and specimens of actual use in commerce.

But, in order to get there, it will also have to survive examination, and then it will have to survive the opposition period.

However, this application was literally filed a few days ago, and isn't going anywhere soon.

As one would also guess from the common trope of well-known-distinctive-mark-being-filed-for-stupid-shit-by-someone-else, there is no attorney representing this misguided individual:

https://tsdr.uspto.gov/#caseNumber=90174756&caseType=SERIAL_NO&searchType=statusSearch

...who also apparently runs a lactation consultancy at the same address.

There is no attorney because this application is pretty typical of someone who simply does not understand a whole lot about the trademark system, and they think they are going to get a trademark registration suggesting a false association with the well-known Musk company and then strike it rich by selling it to him for the purpose of selling souvenir items related to that company.

People file this kind of stupid shit all of the time, but, no, you are not looking at a "trademark" of any sort there, Draco.

There are lots of things in the USPTO database. Simply because someone on a forum found "something" in a trademark database does not mean that person knows what they are looking at.

 

[jberryhill]

Soo...If the piano is out of tune then there is no music.....just random notes...?

Would you like to know if I can play the piano, or what I intend to play on it?

But, seriously Raj, take a stab at this question. It is really key to understanding a very important guiding principal in this area:

2. Is there any value in those domain names and, if so, can you explain exactly why they would have value?

 

[Raj045]

Thanks friends for your valuable comments.