Is NamePros a trademark?

[AHA7]

Hello there,

I was just wondering if NamePros is a registered TM or not???

 

[vip-ip]

Yup Only it don't belong to the site admins
http://tess2.uspto.gov/bin/showfield?f=doc&state=hhe9vm.3.1

 

[slaughterbeck]

Yup Only it don't belong to the site admins
http://tess2.uspto.gov/bin/showfield?f=doc&state=hhe9vm.3.1

That mark is for the singular Namepro and not the plural.

 

[AHA7]

Yes! I noticed that "NAMEPRO" is a registered TM for Intrinsics, Inc. But how about "NamePros" :?

That mark is for the singular Namepro and not the plural.

 

[vip-ip]

Nope, not a TM

 

[Mark]

One more time - It doesn't really matter if it is registered or not

It is and can/will be protected as one ...... You don't have to file anything to claim your TM .... just be able to prove you claim it and have been using it ~

 

[AHA7]

One more time - It doesn't really matter if it is registered or not

It is and can/will be protected as one ...... You don't have to file anything to claim your TM .... just be able to prove you claim it and have been using it ~

Ok! But can someone else go to some TM registrar and register NamePros as his own TM since it has not been registered before as a TM.

P.S. I have nothing in my mind :lol: Just wondering :D

 

[Mark]

They could try - But if it came down to it - They would lose their time/effort/money - IMO

 

[jberryhill]

Ok! But can someone else go to some TM registrar and register NamePros as his own TM since it has not been registered before as a TM.

You seriously misunderstand how trademark registration works. If the operators of this site wanted to register Namepros as a trademark for a web-based forum, then they would certainly be entitled to do so, as that is the purpose for which they have been using NamePros as a trademark.

You can file for trademark registration of a word in connection with a class of goods and services if (a) you actually use that word as a mark in connection with those goods and services or if, (b) you have a bona fide intention to use that word in connection with those goods and services. You cannot simply file a trademark registration application saying, "Give me a registration for NamePros" in the absence of such actual use or bona fide intent. In either situation, every application is accompanied by a sworn declaration that you believe you have such rights or that you have a bona fide intent to obtain such rights by use of the term in commerce and that you are not aware of anyone else who has such rights or intention. Now, the penalty for that oath not being true is several years in prison.

Go right ahead.

 

[Hostnetric]

Even in the absence of an actual trademark registration they have the law on their side as they can prove that they have been using the name for a longer period of time than the person that would register the TM on it.

So what would happen in court? The person that tried to pirate the name by TMing it would lose not only the TM, but also monatary damages as well. I have issues with threads such as these since they tend to border on the edge of someone thinking of trying to do something that is morally wrong.

I know if someone tried this with one of my sites I would actually sue them and seriously look at prosecution since most likely they knew that I owned the name to begin with and they continued anyways. Domains are property and as such they can not be stolen. Just as you cannot register Coke.com or MSN.com because even if they are not registered with a domain registrar, they are still owned allready by their respective companies through the letter of the law. Names such as NamePros are legally owned whether TM or not.

Kevin

Kevin

 

[AHA7]

Thanks for the enlightenment, guys!

 

[wisconsin]

You seriously misunderstand how trademark registration works. If the operators of this site wanted to register Namepros as a trademark for a web-based forum, then they would certainly be entitled to do so, as that is the purpose for which they have been using NamePros as a trademark.

You can file for trademark registration of a word in connection with a class of goods and services if (a) you actually use that word as a mark in connection with those goods and services or if, (b) you have a bona fide intention to use that word in connection with those goods and services. You cannot simply file a trademark registration application saying, "Give me a registration for NamePros" in the absence of such actual use or bona fide intent. In either situation, every application is accompanied by a sworn declaration that you believe you have such rights or that you have a bona fide intent to obtain such rights by use of the term in commerce and that you are not aware of anyone else who has such rights or intention. Now, the penalty for that oath not being true is several years in prison.

Go right ahead.

Thank you, jberryhill!

Outside of the "namepros" delima here...

and in general, it is very difficult to prove that an individual or a company had prior knowledge of an existing "non-registered" trademark when they applied. If I remember correctly in the case of "gmail" trademark registration application, when many entities rushed to apply for the same name, the US trademark office stated "first come, first serve" when asked!

In reality, I don't see a lot of entities deciding no to apply for a trademark registration just simply because they know someone else may have been using the same name online or in a different state, city, and/orlocation. (again, I am not referring to namepros but talking in general)

Also if I remember in one of the WIPO or UDRP cases where the pannel stated that online address "only" and by itself was not sufficient to establish/claim common law rights without a "physical" location associated with the business.

I have also noticed that not all trademark registrations have to show "statement of use" or commercial use before they are approved for registration.

Thanks

 

[Xyzer]

I never thought that this forum was actually a trademark becuase i havent seen the logo anywhere but i didnt understand the system and now i do.

 

[jberryhill]

trying to do something that is morally wrong

Trademark infringement is not a moral issue. It's not even a criminal issue. Please, that's overstated.

Also if I remember in one of the WIPO or UDRP cases where the pannel stated that online address "only" and by itself was not sufficient to establish/claim common law rights without a "physical" location associated with the business.

You are misreading something. A domain name by itself, if simply used as the address of a website, is not a trademark. Looky at the top of this page to see how "NamePros" IS used as a trademark - as an identifier apart from a mere address. All businesses do business somewhere - even if it is an online business. The server is located somewhere, their customers are located somewhere, etc., so I don't understand what you are trying to say with the "physical" thing. The internet is physical.

I have also noticed that not all trademark registrations have to show "statement of use" or commercial use before they are approved for registration.

Actual use in commerce is a pre-requisite to registration in the United States. Either you file a registration application based on actual use, and show a specimen at the time of filing; or you file based on a bona fide intent to actually use. If your intent-to-use application is allowed, it will not be registered until you provide a statement of use. I'm guessing here that what you are seeing are use-based applications which, by definition, do not require a separate statement of use prior to registration (since the use allegation is established at the time of filing for use-based applications).

 

[DNQuest.com]

Ok! But can someone else go to some TM registrar and register NamePros as his own TM since it has not been registered before as a TM.

P.S. I have nothing in my mind :lol: Just wondering :D

There are various TM registrars????? I thought the only TM "registrar" is the government??? :hehe:

 

[Acroplex]

Now I know where to find you John LOL

 

[wasistdas]

Aas far as I know there us something like Service Mark which may be non-registered but still protected by law

 

[AdoptableDomains]

Aas far as I know there us something like Service Mark which may be non-registered but still protected by law

A service mark and a trade mark are essentially the same thing. Under US law, a trademark is generally awarded for physical goods and a service mark for non-tangible services (such as a website or accounting services). As for the law, it is really the same, and the "Trademark" is used interchangeably for both. both can be either registered or unregistered and still be protected.

 

[Genialnames]

very useful reading
thanks!

 

[gazzip]

One more time - It doesn't really matter if it is registered or not

It is and can/will be protected as one ...... You don't have to file anything to claim your TM .... just be able to prove you claim it and have been using it ~

If this is the case then why do people pay to get Trademarks ?

 

[Genialnames]

If this is the case then why do people pay to get Trademarks ?

good point.

 

[seeker]

where can one easily apply online for a TM?

 

[gazzip]

where can one easily apply online for a TM?

Hi, You could try here for the us one, I think it costs a fair bit of money and takes ages. - http://www.uspto.gov/index.html - it's a complicated process I think ?

 

[seeker]

thanks gazzip, I thought there were automated faster ways, but I am not sure.

 

[Zeeble]

As far as I know, in the UK you can get Trademarks, and Registered Trademarks. Where you see a "TM" it simply means that the name or sign is a trademark associated with the company and is not to be used elsehwere.

When you see an "R" it means a registered trademark, which in effect means the same thing, however it's easier to prove your right to the name.