IDN's and TM

[TP]

I have a question on IDN's and TMs.

I found a list of available xxx.in and registered a bunch. One of the .in's received a few hits over a few days and I found the xxx is trademarked by searching
http://tess2.uspto.gov/bin/gate.exe?f=tess&state=es14mf.1.1

Does TM registered in the US means the registrant have the right to the TM for all IDN's with the same xxx. There aren't that many xxx domains names. If it is the case that they can, wouldn't that mean most xxx domains violate some sort of TM. Because after i looked up the above xxx, I tried some of the other xxx's I registered. And it seems like at least a few might have TMs.

TM expert out there?

Relatedly - How do one read the information on Trademarks generated from a search on http://www.uspto.gov/main/trademarks.htm

For example, a search of xxx showed

Mark: (showing xxx with a logo)

(words only): xxx

Standard Character claim: No

What does it all mean. Does Standard character claim of "no." Does that mean registration of xxx.in is okay in that TM is not xxx, but just xxx drawn in a certain way with a logo or design?

I am confused about this whole TM issue

 

[domainstosell]

If the domains you are talking about are three-letter ASCII .in's, they're not IDNs...

Sorry, can't help with an answer, you should consult a TM lawyer.

Good Luck!

 

[labrocca]

You are telling us very little information and in a rather obscure way.

Let me try anyways to answer your questions.

Does TM registered in the US means the registrant have the right to the TM for all IDN's with the same xxx.

TMs are for usage...not just marks alone. If your usage is the same as the TM holder you are in jeapordy. Is the domain generic in nature or is it a made up word? Generic names are easier to protect...such as apple. Made up words like Microsoft would be of course near impossible to protect.

There aren't that many xxx domains names. If it is the case that they can, wouldn't that mean most xxx domains violate some sort of TM.

Again...it's usage. You will even see by a USPTO search a single name TMed to multiple companies. There is Apple Computer and there might be Apple Cab Company..both operating as Apple without any infringement.

My advice...if you have TM domain names don't park them. It will be a clear violation of TM law if ads are placed that are in the same category and usage of the TM.

If you wish to use the names instead for your own development and to build up a nice site then that's your way to monetize.

 

[Fka200]

Hrm, what if its a name like Microsoft but instead the IDN is written in a language like Russian but sounds just like Microsoft. I'm curious to hear opinions on those.

 

[labrocca]

TM law applies not only to direct words but words that can be "confusingly similar".

Interestingly enough there was a MS dispute with a site named MikeRoweSoft.com owned by a Mr. Mike Rowe...he lost his dispute. MS now owns the name.

http://www.cnn.com/2004/TECH/internet/01/19/offbeat.mike.rowe.soft.ap/

http://whois.domaintools.com/mikerowesoft.com

 

[TP]

Tks everyone. Several points:

(1) Sorry to confuse IDN with .in's.

(2) To be clearer, lets take an arbitrary example of any arbitrary 3 letters, lets say "thx." After a basic search in http://www.uspto.gov/main/trademarks.htm
of THX, I find out THX has several TM. Taking just one of the registrations (no. 2984866 as an example) I look at its TARR status and it says trademark is for:

Mark (words only): THX
Standard Character claim: No

Does it mean - as I interpret it - that only the mark THX as detailed in the trademark (sometimes THX written in a specially designed font, or with logos) has TM and not necessarily the characters THX per se?

(3) If so, what if the TM registration says instead:
Standard Character Claim: Yes
Does that mean this TM holder has claim on registrant of THX.in, THX.es, THX.cn? From Labrocca's answer, he says it depends on usage. So what is wrong with a parked page on a keyword completely unrelated to the TM holder's business, or a web-site unrelated to the TM holder's business?

(4) Lastly, if TM of the characters THK from US trademark office allows the TM holder claim over THX.es, THX.cn, THX.in, etc., wouldn't a TM of same characters issued in China, India, or any country allow holder of TM issued by those countries claim over THX.us on the basis of reciprocity? Moreover, how would such a system work , how given the differing TM laws of each country?

Tks in advance,
TP