Is this term a trademark

[JudgeMind]

I see there is a trademark for the term "coverme" but is it only a trademark if used for insurance purposes, what if it was used for website security or anti virus

 

[Jason.tv]

if using for another purpose you can file in a different class, this would not be an issue. However; I am not a trademark attorney or lawyer but I do have enough experience and knowledge without checking the uspto to assume there would be someone that established themselves as cover me or "cover me + "Keyword" for beauty supplies and or makeup.

So you should be fine filing in different class for "Cover Me" Anti Virus Software

 

[pranker]

Im interested in registering a certain domain name which is a "purposely misspelled generic term, such as (wanting farmr.com) and farmer.com exists. Can a commonly used generic term be protected by a TM next to it and does a misspelling of such a term bypass trademark (farmer to farmr)?

trademark hypothetical scenario:
-Farmer.com exists as parked page with word Farmer in top left corner with the letter TM next to it.
-can I register farmr.com without worrying about trademark? is it possible to add TM to the word farmer even though farmer is a commonly used word in the english lexicon, and farmer is not registered in the USPTO system as a live/dead trademark, and the website is just a parked webpage and not an actual product or business? there's not even a logo its just the word farmer typed with the letters TM typed.

-is farmr.com ok trademark wise?

my guess: since it is spelled differently, that it doesnt violate trademark. the second argument is that farmer cant be "TMd" in the first place because its a generic commonly used term in english lexicon, and also because its not in the USPTO system as a live or dead trademark... and also because farmer is just a parked page with no product, no business, nothing. its the word farmer with the letters tm next to it.

 

[johname]

Also someone can say they have a TM but don't. (my quick peek not seeing the insurance tm) Goodluck

 

[Jason.tv]

Also someone can say they have a TM but don't. (my quick peek not seeing the insurance tm) Goodluck

People use the ™ symbol to establish first use in commerce. The ℠ is issued when your mark is filed and then approved by the uspto

 

[Jason.tv]

Im interested in registering a certain domain name which is a "purposely misspelled generic term, such as (wanting farmr.com) and farmer.com exists. Can a commonly used generic term be protected by a TM next to it and does a misspelling of such a term bypass trademark (farmer to farmr)?

trademark hypothetical scenario:
-Farmer.com exists as parked page with word Farmer in top left corner with the letter TM next to it.
-can I register farmr.com without worrying about trademark?

-is farmr.com ok trademark wise?

This would be ok, they hold no claim or rights to your domain if you register the variant with the "R"; however, if your using similar services that could match the description of their services under the uspto or filing then they have every right to send a cease and desist.

If your doing something different in terms of services on your farmr variant then you are fine as they only own the mark "Farmer". Now if you want to file for a different class and mark "Farmr" to get into the uspto you might run into similarities of the mark "Farmer" and "Farmer", ex. Facebook and Facebok

 

[Jason.tv]

I realized the other day I should be a Trademark attorney! lol

 

[CannaBiz.com]

® is used once a Trademark is registered, actually or you can use ™ still..

You can establish first usage notice and provide such public notice by using the ™ symbol however that does not guarantee your exclusive rights to a mark, it truly comes down to two factors - first actual usage in interstate commerce and also first to file comes into the equation as you well know Jason

Sales Marks and Trademarks are slightly different.. it all depends..blah blah blah

 

[CannaBiz.com]

You can also register the extension as part of a Trademark on a term, i.e. you register your domain

Like my username for example, I can register the dot com part of the domain as part of the actual mark to make it unique and separate from existing similar marks. There is a way around just about everything if you think it's necessary to do so, but ultimately owning the REAL .com is paramount as far as online business goes. Even more so when your first usage and your domain predates newly filed marks. Different story though when the domain comes after the fact. Food for thought!