Question!. if a certain keyword is being used . . .

[WhoaDomain.com]

question!. if a certain keyword is being used by a big "expedia-like" website in its domain can that same word be used legally for a VR travel "experience" service?

Would the two be considered the same? I know thee answer should be obvious. but could a lawyer from a big company figure out a way to say that it's the same and therefore a TM issue if you use it for even VR?

I mean expedia-like websites only main purpose is booking your trips to go somewhere physically not visually and virtually right?
plus this specific keyword has an obvious "side use" as an educational VR domain plus a "prison" VR experience, plus perhaps a "running racing" experience in VR and does not necessarily need to be used for travel niche(although it would be perfect for it.) which means I or whoever buys it from me can sit on it until the Whale comes knocking.

Reason I'm asking is that this keyword gets about 20,400,000 searches per month. Yikes!

I think this keyword would be perfect to create a VR travel experience and that's it. no need for it to become an "expedia" either.

FYI : It's not Expedia so don't ask!

again. no need to explain about Goods and Services. I trademarked my company name already so been there with my TM lawyer about G&S.

There's an obvious difference in goods and services between actual travel and virtual travel. just want to know if since both are a "form" of travel if a they are too similar and therefore makes anyone using this domain for a VR travel experience liable for TM infringement? I'm thinking NO but I can be wrong.

 

[East Street]

One determination of generic keyword usability in a TM would be to see if there is a statement to the effect of the applicant making no claims to *keyword* except as presented in the TM application.

So, if Travel is generic it is not TM-able. But, you can use Travel in combination with other keyword(s) to make your mark unique and TM-able.

If you are using a generic non-TM-able keyword for your project, you likely are in a good position to defend yourself from those who may not see things in quite the same way.

Anyone can claim anything when it comes business, TM's, and lawyers.

Whether you're trippin' in your mind, or trippin' in reality is open to interpretation as to what travel is. This is what lawyers live on.

Try it.
See what happens.
Sue me when it all falls apart.

Try it.
See what happens.
Give me half your fortune if it works.