question How to check for Trademarks

[D4V1T]

Friends, how do you check domain names for trademarks and what result is sufficient for you to say that this domain will be safe from trademarks?

 

[jberryhill]

Google.

 

[jberryhill]

https://www.namepros.com/threads/trademark-searches.978373/post-5790912

https://www.namepros.com/threads/do...rsus-trademarks-statuses.1084577/post-6770595

https://www.namepros.com/threads/trademark-check.1105767/post-6942998

https://www.namepros.com/threads/domain-ownership-then-someone-else-trademarked.1308677/post-8988764

 

[jberryhill]

Ah, I didn't answer this part:

what result is sufficient for you to say that this domain will be safe from trademarks?

Not finding anyone using it as a trademark.

 

[jberryhill]

It would be nice to believe that people would look at the discussions linked above.

But, let me re-phrase the question.

"What is the best way to find out if someone is using (insert characters) which functions in the relevant market for their goods or services as a distinctive identifier of the goods or services they sell?"

Try answering that question instead. What would you do, in order to find out whether someone is using (whatever) as a distinctive identifier on goods or services offered for sale?

Because - and I want to be clear about this - a number of people are going to provide links to trademark registration databases.

The problem with that is both of these scenarios:

1. It is possible for there to be a trademark, and no trademark registration in any database.

2. It is possible for there to be a trademark registration in some database, and no trademark.

And, to save time explaining this again, if those sentences trouble you, then consider the following two questions:

A. Is it possible to own a dog, but not to have a valid dog license?

B. Is it possible to have a valid dog license, but not to own a dog?

The answer to both of those questions is "yes". The same is true of trademarks.

 

[jberryhill]

And, once you have tackled the problem of knowing whether there might be a trademark, that is usually not relevant to "what sort of trademark is it?"

Is it an inherently distinctive, arbitrary, suggestive, descriptive but with acquired distinctiveness? Is it famous? Is it unique or concurrently used by many mutually-non-infringing businesses?

Not all trademarks are of equal strength, scope or fame.