Thanks mhdoc
But how should a domainer approach a name that does not appear to have a TM but there is a company that has an LLC?
Does by buying or registering a name that has an LLC in any way infringe on any legal rights of the LLC to the point where the domainer can get into any legal trouble or have the domain taken away?
I would think that if it's a generic name to which LLC has been applied, then no, they would not automatically have a trademark on the name.
The TMs we commonly see; the one which you have through usage (TM), and then the registered TM (R).
Going back to my first paragraph, if that LLC has been using that name, and that name distinguishes them from everyone else, i.e. the name is unique, then they could have a tm through usage.
If they got a registered tm,, then they would have a TM.
Otherwise, not really. I know literally many companies who shares the very same company name as that of my brother's company (about 30 years operating)... but some are in different countries (same industry), or in a different industry and operate locally.
Unless, if his business was a ginormous global giant, he could have had a TM through usage, or if he got a registered TM (R). But that's not the case. He didn't bother with TMs at all.
If someone owned that .COM domain name, and was offering it for sale to him, I doubt he has good enough grounds to getting that name through legal procedures... the name is too common, used by many companies- it's generic in a sense.
Some company names are very common, and generic. If this is determined after thorough research, then you should be fine.
