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Have any of you been contacted regarding domain TM issues by Entrepreneur Magazine? Evidently they somehow have the keyword "entrepreneur" trademarked. Yes, just the single word. Evidently this can extend to any domain containing the keyword, entrepreneur.
 
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Have any of you been contacted regarding domain TM issues by Entrepreneur Magazine? Evidently they somehow have the keyword "entrepreneur" trademarked. Yes, just the single word. Evidently this can extend to any domain containing the keyword, entrepreneur.
There has never been a UDRP containing the word "entrepreneur".

Regardless of any TM, it is obviously a generic term. It would be extremely hard to protect when it comes to the generic use.

Brad
 
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I was surprised to see this:

Word Mark
ENTREPRENEUR
Goods and Services
IC 009. US 021 023 026 036 038. G & S: Pre-recorded audio and audiovisual recordings of programs concerning strategies and other how-to information about starting and successfully operating businesses, successful business owners and other information of interest to business owners and members of the general public interested in owning and operating a business, in the form of downloadable recordings. FIRST USE: 20150800. FIRST USE IN COMMERCE: 20150800

IC 038. US 100 101 104. G & S: Streaming of audiovisual and multimedia content via the internet; transmission and delivery of audiovisual and multimedia content via the internet; video-on-demand transmission services; mobile media services in the nature of electronic transmission, wireless broadcasting and electronic delivery of audio, video and multimedia entertainment content, namely, text, data, images, audio, video, and audiovisual files provided via the internet; video broadcasting services over the internet or other communications network, namely, electronically transmitting video clips; internet broadcasting services; providing streaming of audio and video in the nature of programs concerning strategies and other how-to information about starting and successfully operating businesses, successful business owners and other information of interest to business owners and members of the general public interested in owning and operating a business, namely, audio, visual, and audiovisual matter for others via global computer networks; broadcasting and transmission of analog television, digital television, cable television, satellite television, pay television, interactive television, radio, and internet programs; broadcasting of internet programs via radio and television; broadcasting of programs provided over the internet; streaming audio, video, and audiovisual content, data and information on the Internet, communications networks and wireless telecommunications networks; providing video on-demand transmission of audio, video and audiovisual content, data and information; transmission of audio, video and audiovisual content, data and information on the Internet, communications networks and wireless telecommunications networks. FIRST USE: 20170506. FIRST USE IN COMMERCE: 20170506

IC 041. US 100 101 107. G & S: Entertainment services, namely, the production, presentation, distribution and syndication of on-going television, internet and non-downloadable audio and audiovisual recordings, all of the aforementioned concerning strategies and other how-to information about starting and successfully operating businesses, successful business owners and other information of interest to business owners and members of the general public interested in owning and operating a business. FIRST USE: 20170108. FIRST USE IN COMMERCE: 20170108

(4) STANDARD CHARACTER MARK


(REGISTRANT) Entrepreneur Media, Inc
 
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They probably just send a form letter to domains they see with the word Entrepreneur in them. If you check the USPTO, there are a lot of registered trademarks with the word Entrepreneur in them.

They don't have an exclusive right to the word Entrepreneur, just like Apple doesn't have an exclusive right to the word Apple. Though, as @Mize just posted, that's one disturbing granted trademark for Entrepreneur.

That being said, it would depend on the domain and it's use.
 
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....and flip-flops too

Word Mark
ENTREPRENEUR
Goods and Services
IC 025. US 022 039. G & S: Clothing, namely, shirts, [pants, children's and infants' cloth bibs;] fleece pullovers; [gym shorts; infant and toddler one piece clothing; jackets; jerseys; jogging outfits; jogging pants; jogging suits; polo shirts;] pullovers; [sandals;] shirts; short-sleeved or long-sleeved t-shirts; short-sleeved shirts; [shorts; ski wear; sleep shirts; sleepwear; socks; sport shirts; surf wear; sweat shorts; sweaters; swim wear; swim wear for gentlemen and ladies;] T-shirts; [tank tops; tennis wear; tops; underwear; walking shorts; Footwear, namely, athletic footwear, beach footwear, flip-flops, footwear for men and women;] Headgear, namely, hats, caps [, children's headwear, hoods]. FIRST USE: 20130201. FIRST USE IN COMMERCE: 20130201
 
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This is interesting:

https://www.trademarkia.com/opposition/bully-entrepreneur-media-inc?fn=Entrepreneur Media, Inc.

made up word "preneur"s don't seem to be safe

interesting that no one has been able to correct what seems like a distinctive error at the USPTO
No it probably isn't a mistake. Coke have a trademark on how their Diet Coke brand appears on one side of a can due to the amount that is visible from that one side, so that sounds much the same?

As for the point of generecisim. If I have a trademark for Entrepreneur for the goods and services of 'biscuits'... Is that 'generic'? No, of course not.

So if that's the case, it is also not the case that they wouldn't issue a trademark for a word for the services they have protected.

Entrepreneur isn't a known "generic" phrase in the world of t-shirts, nor is it the same in the case of entertainment services in relation to strategies for starting a business.

Just like "sausage" isn't a known phrase in the flower arranging business, but in the meat business it is. Generic is a word that's thrown around.

Ask yourself if the term is known in trade for the word in question. If it is then it could be rejected by the trademark office. Like 'cake' for a bakery, or 'plane' for aircraft manufacturing.

What is the term that you are thinking of that is so popular and generic in relation to entertainment services that
without it's free use is preventing others from exercising their use of the generic term Entrepreneur in their industry in trade because of these registrations? I can't think of one....
 
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From my perspective:
“Entrepreneur” is descriptive of the product/service instead of making the source distinctive.

Thus, I was surprised.

But, they are able to defend it, so I must be missing something.

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From USPTO:
"Unacceptable trademarks:
Weak trademarks are hard to protect against competitors and often are not federally registrable. These include descriptive and generic trademarks.

Descriptive trademarks merely describe some aspect of your goods or services without identifying or distinguishing the source of those goods or services. They’re only registrable in certain circumstances, such as your trademark gaining distinctiveness through extensive use in commerce over many years."
 
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“Entrepreneur” is descriptive of the product/service instead of making the source distinctive.
So when you think of the word 'Entrepreneur' you think it describes t-shirts or entertainment services? Cause unless you do you're not thinking of that word in the way they are describing...

Eg:
"C'mon kids! Get up and dressed with your new entrepreneurs on, we're going to go to the store to get an entrepreneur to watch tonight with some popcorn."

Whereas the following two examples in this sentence show words that are generic:

"C'mon kids, get up cause we're going to get on an Aeroplane® today and fly to Miami. We could get a Movie® to watch on the flight."

You couldn't register Aeroplane or Movie for your plane product or your movie, but you could register them for the products curtains and radiator valves. (Random examples).

"I'm renovating my house. I bought Aeroplane® curtains and Movie® radiator valves. Both are good brands."
 
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Where did the word entrepreneur come from?


The word “entrepreneur” originates from a thirteenth-century French verb, entreprendre, meaning “to do something” or “to undertake.” By the sixteenth century, the noun form, entrepreneur, was being used to refer to someone who undertakes a business venture.


How crazy that a magazine founded in 1977 threatens legal action against anyone using a word created hundreds of years ago which is in common use worldwide.
 
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Have any of you been contacted regarding domain TM issues by Entrepreneur Magazine? Evidently they somehow have the keyword "entrepreneur" trademarked. Yes, just the single word. Evidently this can extend to any domain containing the keyword, entrepreneur.

I have the domain name VegasEntrepreneur.com for sale .
 
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So when you think of the word 'Entrepreneur' you think it describes t-shirts or entertainment services? Cause unless you do you're not thinking of that word in the way they are describing...

When I think of Entrepreneur I don't think of Entrepreneur Media, Inc
And thus, if I put Entrepreneur on a shirt, I am thinking of the descriptive use of Entrepreneur and not to indicate the source of the goods or services (not meaning to refer to and infringe on Entrepreneur Media).

But the flip-flops (shirt) was not really the concerning trademark.

Edit:
Now just change 'Entrepreneur on a shirt' above to Entrepreneur on a video, book, entertainment, etc, any good and service that Entrepreneur Media, Inc has a trademark for. Am I meaning the descriptive use of Entrepreneur or am I trying to indicate the source of goods or services? That is the problem I see.
 
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They have 7 trademarks in 12 different categories thats the issue here depending on what your name actually is and if it infringes on their usage categories.

The tee shirt one is a defensive one obviously. They appear to fiercely protect all categories they have the marks in.

I just counted 12 categories.
 
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When I think of Entrepreneur I don't think of Entrepreneur Media, Inc
And thus, if I put Entrepreneur on a shirt, I am thinking of the descriptive use of Entrepreneur and not to indicate the source of the goods or services (not meaning to refer to and infringe on Entrepreneur Media).

But the flip-flops (shirt) was not really the concerning trademark.

Edit:
Now just change 'Entrepreneur on a shirt' above to Entrepreneur on a video, book, entertainment, etc, any good and service that Entrepreneur Media, Inc has a trademark for. Am I meaning the descriptive use of Entrepreneur or am I trying to indicate the source of goods or services? That is the problem I see.
I think you're finding a problem that doesn't really exist. Use the word entrepreneur, just don't use it as your brand name when you are creating a book or a podcast. Come up with something distinctive.
 
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They have 7 trademarks in 7 plus different categories thats the issue here depending on what your name actually is and if it infringes on their usage categories.
For me, the issue is their mark is descriptive and not distinctive.

Luckily, from International Trademark Association:
"Descriptive fair use permits use of another’s trademark to describe the user’s products or services, rather than as a trademark to indicate the source of the goods or services. This usually is appropriate where the trademark concerned has a descriptive meaning in addition to its secondary meaning as a trademark."
 
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For me, the issue is their mark is descriptive and not distinctive.
Ok you keep saying this but please explain what it is descriptive of.

An entrepreneur isn't an entertainment service. An entrepreneur isn't an audio visual service. An entrepreneur isn't a book.

So how is it descriptive of the goods and services they have protected?

You're also confusing generic and descriptive.

Descriptive is like 'soft' for beds, or 'healthy' for vitamins. Generic is like plane for aircraft, or novel for books.
 
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For me, the issue is their mark is descriptive and not distinctive.

Luckily, from International Trademark Association:
"Descriptive fair use permits use of another’s trademark to describe the user’s products or services, rather than as a trademark to indicate the source of the goods or services. This usually is appropriate where the trademark concerned has a descriptive meaning in addition to its secondary meaning as a trademark."
They have been accepted as first in use since 1978 on some of the marks. They are a huge well established media company not just a magazine. It doesn’t really matter what you think is descriptive because they are known worldwide.

If you look many have tried to get a mark as entrepreneur and dropped it likely because of their objection.

They do seem to think they own the word and covered it with at least 12 categories. The only thing in question is the dates of usage on some of the marks. Looks like they tried to get backdated and it wasn’t accepted in some of the categories since their mark and name recognition dates back way before the internet.

By any assessment they do seem to feel they own the word.
 
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Ok you keep saying this but please explain what it is descriptive of.



Entrepreneur (from poster above) refers to someone who undertakes a business venture.

If Entrepreneur Media, Inc's entertainment service, audio visual service, books, etc. were not about entrepreneurs (someone who undertakes a business venture), then their trademark would not be descriptive.

I think I can see where you are coming from, from below, I am looking at "about" and you are stopping before reaching "about"

Mark, good or service, about
Entrepreneur, entertainment service, biscuits ------- (I don't see a problem, you don't see a problem)
Entrepreneur, entertainment service, entrepreneurs ------- (I see a problem, you don't seem to see a problem)
 
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Entrepreneur (from poster above) refers to someone who undertakes a business venture.
Ok, and in your mind what am i being stopped from doing in practicality by their trademark? Using the word entrepreneur I assume. But what would be an example that I couldn't use the word entrepreneur for?

Sorry if it sounds like I'm being awkward but I want to understand what it is that I am being stopped from doing by that TM. I am an entrepreneur and I couldn't call my podcast Entrepreneur because that would be basically copying them exactly. So I could call it Awesome Entrepreneur and I'd be fine, just like the numerous other trademarks that contain the word entrepreneur but aren't using is as a single word mark.
 
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Ok, and in your mind what am i being stopped from doing in practicality by their trademark? Using the word entrepreneur I assume. But what would be an example that I couldn't use the word entrepreneur for?

Sorry if it sounds like I'm being awkward but I want to understand what it is that I am being stopped from doing by that TM. I am an entrepreneur and I couldn't call my podcast Entrepreneur because that would be basically copying them exactly. So I could call it Awesome Entrepreneur and I'd be fine, just like the numerous other trademarks that contain the word entrepreneur but aren't using is as a single word mark.
>Sorry if it sounds like I'm being awkward
No, this is good.

Great, so seems we are close to the same page now. If we take a look at the link above: https://www.trademarkia.com/opposition/bully-entrepreneur-media-inc?fn=Entrepreneur Media, Inc.
you will see two word marks for entrepreneur and just made up marks for "preneur" that are being/been opposed. I assume they are doing this because they have a trademark for Entrepreneur...which to me seems to be an error by USPTO from my perspective which I am trying to understand.
 
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>Sorry if it sounds like I'm being awkward
No, this is good.

Great, so seems we are close to the same page now. If we take a look at the link above: https://www.trademarkia.com/opposition/bully-entrepreneur-media-inc?fn=Entrepreneur Media, Inc.
you will see two word marks for entrepreneur and just made up marks for "preneur" that are being/been opposed. I assume they are doing this because they have a trademark for Entrepreneur...which to me seems to be an error by USPTO from my perspective which I am trying to understand.
The problem I have with these is that it's probably an individual 💩ing their trousers cause they didn't expect to get an opposition.

Unfortunately this is possible with any trademark holder, cause oppositions are cheap
 
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The problem I have with these is that it's probably an individual 💩ing their trousers cause they didn't expect to get an opposition.

Unfortunately this is possible with any trademark holder, cause oppositions are cheap
So, seems to me, Entrepreneur Media is infringing/preventing others ability to use "Entrepreneur" in a descriptive way. This does not seem right.
 
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So, seems to me, Entrepreneur Media is infringing/preventing others ability to use "Entrepreneur" in a descriptive way. This does not seem right.
It's more likely to be in a generic way, not a descriptive way. I'd have to look at each individual case to see if they have merit
 
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Go to name bio and look at all the

" Entrepreneur " domain sales .​

 
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