International Trademarks

[rlopes]

How do I search for international TMs?

I tried WIPO - World Intellectual Property Organization and The U.S. Government's Official Web Search so far.

Let's say a register a .com.br version of a famous .com to monetize with parking, does the owner of the .com has any rights over my domain, in case he only holds a US TM?

Please no lectures, the morals aspects are my problem.

 

[enlytend]

Let's say a register a .com.br version of a famous .com to monetize with parking, does the owner of the .com has any rights over my domain, in case he only holds a US TM?

Probably.

the morals aspects are my problem.

Sooner or later legal aspects are gonna be your problem too.

 

[Kate]

Usually each country has its own trademark registry, I am not aware of a single TM clearinghouse.
Also keep in mind that most ccTLDs have dispute resolution policies, so there is no need for a registered TM or a lawsuit to prevail.

 

[Satanclaus]

Just keep in mind that in most domain name dispute arbitration processes good faith is of the utmost importance.

 

[cartoonz]

...Let's say a register a .com.br version of a famous .com to monetize with parking...

Let's say you will get what you are asking for - legally bent over.

 

[Green Moon]

Are you going to restrict all US-based IP addresses from reaching your parked website? If not, then you are infringing in the US. It doesn't matter where your registrar is located or what TLD you register the URL under. If you use a US TM to catch US internet users, your infringement is covered by US laws.

 

[Entrepreneur888]

Tm

How do I search for international TMs?

I tried WIPO - World Intellectual Property Organization and The U.S. Government's Official Web Search so far.

Let's say a register a .com.br version of a famous .com to monetize with parking, does the owner of the .com has any rights over my domain, in case he only holds a US TM?

Please no lectures, the morals aspects are my problem.

Estibot has a great tool for checking on trademark conflicts, although i believe it may be for paying users only,

 

[rlopes]

Thanks sdsinc, Satanclaus, Green Moon and Entrepreneur888 for your useful replies.

I've been doing a good research, so let me share what I found so far:

- There's only about 70 countries who are members of the Madrid Protocol. Most Latin American countries are NOT, including Brazil;

- UDRPs cover all gTLDs, but are restricted to a few ccTLDs whose countries voluntarily adhered (again, Brazil didn't).

 

[Kate]

Dispute policy (Portuguese): Registro .br - SACI

 

[mwzd]

Any tm registered in the US might have some bearing in other countries which are signatories to the Madrid Protocol.

Additionally, most european union countries would recognise a US TM. Most other democratic countries would also give weightage to a US only TM, assuming you don't have one.

I can't say about morally, peoples' values differ, but ethically this would be a no - no in my books.

Why I've steered clear of foreign company names with .in - some find profit in it, we're not willing to risk the legal liability.

Not to mention the fact that unethical behaviour is something we veer extremely clear off.

My advice to you would be to steer clear too, pennies in parking income are really not worth the aggravation in case the tm holder does decide to make an example of you, specially if you live in the same country as the tm holder.

 

[Green Moon]

My advice to you would be to steer clear too, pennies in parking income are really not worth the aggravation in case the tm holder does decide to make an example of you, specially if you live in the same country as the tm holder.

I agree. Whatever little money you could make off a parked site cannot possibly be worth the trouble.