NETQUOTE trademark?

[mitch007]

Is the insurance comparison company NetQuote.Com a trademark protected by law while at the same time there is a Net Quote stock market company in Australia using the same the same name?

http://asx.netquote.com.au/


Can two diverse organizations possess the same trademark and IF WE register a NetQuoteSomething.Com are we breaking trademark law? Please discuss asap.

 

[netfleet]

Yes I believe they can. However neither "netquote" nor "Net quote" is a TM in Australia as far as I can see (using http://pericles.ipaustralia.gov.au/atmoss/falcon.application_start)

The way I read it companies need to protect their brand by registering TMs within each country the trade.

Not sure about your last question - I'd think you'd be OK

 

[labrocca]

http://www.namepros.com/legal-issues-and-disputes/574121-is-netquote-a-trademark-issue.html

You asked a similar question and my answer applies here too.

Two factors here.

1. Usage
2. Different Countries


http://www.namepros.com/domains-for-sale-make-offer/578686-netquoterates-com.html

I can say that the domain you are selling appears to me to be a TM infringement.

 

[mitch007]

Thanks for the info. I believe you are right about the TM. But the confusion sets in when 2 different companies with different products to peddle in different parts of the world use the same name. I wonder who holds the possible TM, if either of them do. I, too, cannot find a "trademark registered anywhere. Confusing, imo.

But not taking chances on this - just not worth it. I'm getting rid of it.

 

[labrocca]

But the confusion sets in when 2 different companies with different products to peddle in different parts of the world use the same name.

That's why it's not a TM problem though.

TM problems are when things are "confusingly similar" not confusingly different.

TM search ACME. You will find dozens of marks but for many different uses.