Dominion.Domains

Domain name registration versus Trademarks statuses...

Labeled as discuss in Legal Discussion started by Sumeeth, Jun 3, 2018.

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  1. Sumeeth

    Sumeeth DomExpert

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    H Npers,

    As you all know, when we register domains, we need to check whether that particular term has Trademark available or not before we register it . For example, for some domain keyword, some one has applied the trademark but it is not in the status of "registered" say current status is "NOTICE OF ALLOWANCE - ISSUED" then can we book domains having that keyword or not?

    My straight question is that can be register domains whose Trademark is still in-progress i,.e other than status 'Registered'?

    Please give your inputs?

    Thanks
     
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  2. Sumeeth

    Sumeeth DomExpert

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    Any experts?
     
  3. jberryhill

    jberryhill Top Member John Berryhill, Ph.d., Esq. VIP ★★★★★★★★★★

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    It's not that simple. Your question doesn't have an answer.

    It's like asking, "I have a strange feeling in my arm. What is it?" Well, it could be anything from a heart attack to cancer to an itch that you need to scratch.

    Yep. So why not use Google and find out if someone is using it as a trademark.

    Obsessing over trademark application status data won't answer that question. It's a starting point. Why not take your trademark search results, Google up the applicant, and find out what they are actually doing outside of the walls of a trademark registration office?
     
    Last edited: Jun 19, 2018
  4. Sumeeth

    Sumeeth DomExpert

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    Thanks @jberryhill for your response.

    My question is for example I have found one domain available for register and when I searched for trademark. They have applied for trademark recently and it is not yet finalized i.e. say their current status is "NOTICE OF ALLOWANCE - ISSUED". In this context, can I book that domain name because its trademark not registered yet and it is still in progress?

    Thanks,
     
  5. jberryhill

    jberryhill Top Member John Berryhill, Ph.d., Esq. VIP ★★★★★★★★★★

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    Sumeeth,

    Yesterday, I saw an animal with four legs and a tail.

    So does that mean it was a dog? Or does that mean it was a cat?

    Answer my question and I'll answer yours.
     
  6. sharjeep

    sharjeep Established Member ★★★★★★★★★★

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    Why do you want to register a name that you admit has potential trademark issues?

    I'm just curious what your end-game is for this domain.
     
  7. Sumeeth

    Sumeeth DomExpert

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    Obviously I like the name and my question is to confirm whether it is legal to buy such name? so I am taking opinion and getting knowledge on trademarks before buying it but not after buying it.
     
  8. jberryhill

    jberryhill Top Member John Berryhill, Ph.d., Esq. VIP ★★★★★★★★★★

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    Okay, so if an animal has four legs and a tail, is it a cat or a dog? It's a simple question.
     
  9. Sumeeth

    Sumeeth DomExpert

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    It may be anything unless we confirm it!
     
  10. jberryhill

    jberryhill Top Member John Berryhill, Ph.d., Esq. VIP ★★★★★★★★★★

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    In other words, you'd need more information to know if it was a cat or a dog.

    Same answer. Your question does not provide adequate information to get to the answer you are looking for.

    The problem with your question is that you assume "NOTICE OF ALLOWANCE - ISSUED" is somehow sufficient information to know what sort of an animal you are looking at. So, you are going to keep asking that question on that faulty assumption.

    But, really, just tell me. If it has four legs and a tail, is it a cat or a dog?

    Does the question get any better if I keep asking it?

    So, let me ask you a better question.

    You are looking at a trademark registration application. The trademark application identifies the person or entity which applied for the registration. What happens when you do a google search on the subject mark, or perhaps the subject mark plus the name of the applicant? Do you get a lot of search results showing that this applicant is using this mark, or do you have a hard time finding any evidence that they are using the mark?
     
    Last edited: Jun 19, 2018

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