question Myname vs myname.org trademark issue

[Stevemartin2]

Hi there,

I am planning to buy a domain, ie, myname.org. However, upon searching US trademark database, Myname is a service mark. Will it be a problem with myname.org?

thank you for your thoughts!

 

[cyberlawyer]

It would mainly depend upon the fact, if the keyword is a generic or a disctinctive word. A generic word will always be safe, provided there is no violation of the rights of .com or any Trademark holder otherwise.

While in case of distinctive words, assumption can be drawn as to knowledge of the mark. In many cases a simple google search can reveal existence of the Trademark holder, so bad faith can be assumed against a domain registrant in case of distinctive marks.

 

[Stevemartin2]

It would mainly depend upon the fact, if the keyword is a generic or a disctinctive word. A generic word will always be safe, provided there is no violation of the rights of .com or any Trademark holder otherwise.

While in case of distinctive words, assumption can be drawn as to knowledge of the mark. In many cases a simple google search can reveal existence of the Trademark holder, so bad faith can be assumed against a domain registrant in case of distinctive marks.

Thank you so much.

Yes, it is a generic word (and has meaning). For example, the trademark is car-sales-online.com and mine is car-sales-online.org

Thank you again!

 

[cyberlawyer]

Welcome Mr Martin
ofcourse, normally no issue in case of generic word or combination thereof.

 

[Stevemartin2]

Welcome Mr Martin
ofcourse, normally no issue in case of generic word or combination thereof.

Thank you So Much again.

What is your opinion of “gold price” case? When “gold price” combination is a service mark, though it is a generic word?

my domain is goldprice. Ltd while the trademark website is goldprice.org

thank you,

 

[cyberlawyer]

Yes that would be safe to use, I checked the USPTO record so firstly they have tried to register an image and not exactly word mark, which in any case, is further accompanied by a disclaimer by USPTO:

"Disclaimer: NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "GOLD" APART FROM THE MARK AS SHOWN"

Further, the Trademark Law does not allow generic terms to be registered for the exact same nature of services, that is, intended pruposes cannot be the same. Therefore, any one can make use of the said keywords in different TLDs to reflect Gold Prices.

 

[Stevemartin2]

Thank you a million. Have a great day!