How to check/confirm Trademarks associated with a domain name ?

[SaN-DeeP]

How can someone check / confirm trademarks associated with a domain name ? Recently, i came across some domain name issues, where the original buyer was forced to give back the domain to person owning the trademark associated with same.

How can i confirm the same before I plan to buy a domain name (new or expired)

Regards,

 

[briman1970]

For US trademarks, try www.USPTO.gov

 

[SaN-DeeP]

hi briman,
what do you meant by US trademarks ?
Kindly clarify, as I need to learn about this thoroughly..

Regards,

 

[nRnF]

Try this:
http://webmasterpanel.com/index.php?option=com_content&task=view&id=29&Itemid=93
Includes the Federal, Canadien and European trademark database.
.
.

 

[Gene]

Here's a good one:
http://www.domainlot.com/about/trademark.php

 

[tdeweerd]

For Community Trademarks (valid in the entire European Union), try the trademark database at OHIM, the European trademark office: http://oami.eu.int/en/default.htm

 

[Mayur]

Here's a good one:
http://www.domainlot.com/about/trademark.php

Damn that is nice. Thanks for the link :D

 

[gazzip]

Damn Damn nice - Theres a short nice .com name expiring real soon - I thought it would be safe as it is a known word and a type of animal ?

It appears it has a Trademark ?? as far as I can tell if I am reading it correctly.

I thought generic domains could not be trademarked ??

Can't afford a law suit so I better dump it.

Cheers guys for putting up the link

 

[SaN-DeeP]

keep the links coming, its really gonna add a bunch to my bookmarks

 

[tipsfromthetop]

Gene's post is spot on a very good TM check site.

 

[netzilla]

What if a website says that have a US copyright on something that none of those databases show? Is it free game then to use that phrase?

 

[Gene]

No. Copyrights and Trademarks are not required to be registered. By law, the originator of the item is the automatic default owner of the copyright or trademark.

What if a website says that have a US copyright on something that none of those databases show? Is it free game then to use that phrase?

 

[Element]

I was going to ask the same question later. Thanks for the links guys.

 

[Michelle]

Interesting thread with useful links, thanks will be using these :blink:

 

[netzilla]

No. Copyrights and Trademarks are not required to be registered. By law, the originator of the item is the automatic default owner of the copyright or trademark.

Wow. Thank does not make much sense to me. How is one to know that when they are registering a domain name that its not going to conflict with a trademark that they are not aware of?

 

[Gene]

Wow. Thank does not make much sense to me. How is one to know that when they are registering a domain name that its not going to conflict with a trademark that they are not aware of?

It becomes a game of "who was the originator" or "who was there first". If there was no registered copyright or trademark, the originator would have to be able to prove the copyright or trademark was in use before someone else "took" it. That's the benefit of actually paying to register the copyright or trademark -- you have solid proof of ownership. But even if you didn't, your original works are automatically protected, if you can show you are the true originator.

Think of it this way. If you wrote an exclusive article and published it, you are automatically protected by law and you own the copyright. Joe Blow cannot come along and copy your article to publish elsewhere. He cannot legally register a copyright of your material without your permission whether or not you owned an official copyright. Trademark laws are similar.

But as I am not an attorney, do not take this information as legal advice -- it is merely what I have learned along the way.

 

[netzilla]

Thanks Gene for your response.

 

[anurag]

Trademark in one country is good in other country too.

Trademark in USA is valid in UK or India

Here's a good one:
http://www.domainlot.com/about/trademark.php