Local TM vs global TM

[startupsold]

Hi domain investors, does the US trademark applies worldwide? hypothetically, a local company say in the U.K has the same name as your DM but they did not apply for a global TM is it considered an infringement?

 

[Trader]

Yes..otherwise you will feel big pain to your ass...Try and earn, ı tried, dont try...Never try for fun.Never ( If you have more than 100 million, you can try..Also you cant lost to cases..impossible..)

 

[ProSence]

Keep yourself away from TM.

 

[4pm]

Yes..otherwise you will feel big pain to your ass...Try and earn, ı tried, dont try...Never try for fun.Never ( If you have more than 100 million, you can try..Also you cant lost to cases..impossible..)

you obviously know better about pains in the ass..

even taking that into consideration your advices here look as pointless and make as little sense as the rest of your whinings and complains in other threads..
then again who you think you are to give advices when not asked?
..now it's probably time to say something about GOD and other things you seem to be fond of talking..

take care of your ass pain..

*

 

[Dave_Z]

Hi domain investors, does the US trademark applies worldwide? hypothetically, a local company say in the U.K has the same name as your DM but they did not apply for a global TM is it considered an infringement?

No because trademarks generally apply only in the jurisdictions or nations they're used or registered in. But there is a process (i.e. Uniform Dispute Resolution Policy) that a trademark holder in UK can pursue against someone in the US if the former can prove claims.

It depends on the circumstances.

 

[Ronald Regging]

Well, apparently the WWF (World Wildlife Fund in the UK) sued the WWF (World Wrestling Federation in USA) and won... So, anything is possible.

Plus there is something called the Madrid Protocol that offers international TM protection among member countries. Like Dave Zan said, it depends...

 

[alien51]

Well, apparently the WWF (World Wildlife Fund in the UK) sued the WWF (World Wrestling Federation in USA) and won... So, anything is possible.

The way i understood that case, is that the World Wildlife Fund threatened to sue World Wrestling Federation in trademark courts around the world. This could hurt the marketing investments of the wrestling federation, so they entered in a "contract" with World Wildlife Fund on how to use the WWF marks. Think of it as a joint-usage contract between Apple Computers and Apple Records.

The trademark loss of the World Wrestling Federation was due to the breach of this specific contract. Think of it as Apple Records suing Apple Computers when Steve Jobs went into the iTunes music business. Why the case ended up in the UK, i believe is because both need to pick a common arbiter to save litigation expenses for both sides.

There are many companies around the world who share the same brand name, yet they coexist. Examples are: "Pioneer" and "Zenith".

Apparently, you have more chances of winning a global TM, if your product/merchandise is really popular enough to sow worldwide confusion. Otherwise, if you are only popular in your neighborhood in South Carolina, it's unlikely they will grant you a TM in Beijing, China. For such cases when it comes to domains, the first guy who gets the domain, gets legit claims to it.