Question on trademarks??

[gilescoley]

I have searched a certain word to see if the name is TM's, the search produced about 20-30 different trademarks of this name.


How does this work?? Surely more than one company cannot have the same name trademarked?? Some are plural and some are singular???

Could someone shed some light on this for me??

 

[bmugford]

Some people are way too concerned with TM's to be honest. With short words there sometimes can be 100's of trademarks. 99.9% of the time it will come down to intent. They have to show bad faith or intent to deceive.

For instance take Disney for example, that is a recognized trademark but it is also a last name.

If someone named John Disney registered DisneySite.com (for example) and then use it as a family website or something that is not intrusive on Disney's TM then it normally is not an issue.

It all comes down to intent.

 

[gilescoley]

Thanks bmugford

What if the names are in the same field and pretty much have to be due to the name

2 examples

Trademarked name is TVGuide.com

I want to reg TVGuideLive.tv

Another example is this (riskier one I feel)

Trademarked name is CartoonBoy.com

Name I want to reg is CartoonBoys.tv

the latter is obviously going to be cartoon channel???

If the words are generic like program, network, channel, station etc...can these be TM'd if 2 generic words are strung together...like "NetworkStation"

 

[bmugford]

Basically the way this becomes an issue is when you infringe on the TM.
If you are using "TV Guide" to basically do the same exact thing I would consider that infringing on their TM.

Anything can be trademarked, but it takes more than the TM itself to cause a problem. There are probably 1000 trademarks for something like "Sex".

Could one of the TM holders come and get SexTalk.com from you if you owned it. No, because in general common sense prevails.

Brad

Thanks bmugford

What if the names are in the same field and pretty much have to be due to the name

2 examples

Trademarked name is TVGuide.com

I want to reg TVGuideLive.tv

Another example is this (riskier one I feel)

Trademarked name is CartoonBoy.com

Name I want to reg is CartoonBoys.tv

the latter is obviously going to be cartoon channel???

If the words are generic like program, network, channel, station etc...can these be TM'd if 2 generic words are strung together...like "NetworkStation"

 

[gilescoley]

thanks bmugford

I appreciate all your help on this

rep added

 

[DNQuest.com]

How does this work?? Surely more than one company cannot have the same name trademarked?? Some are plural and some are singular???

Could someone shed some light on this for me??

Apple Corps (aka Apple Records)
Apple Inc (formerly known as Apple Computer)

It can happen, it is the manner in which a term is used.

 

[evertonian7uk]

Usage plays a big part,

if i own microsoft.com and used it to sell tiny soft things (bad example i know, but you see the idea) i should be ok, however if i used it to sell computer stuff, im in big trouble.


as long as you dont infringe or become confusingly similar to the tm, you should be ok, but this isnt always the case, if your really in doubt over the name, ask Jberry or another GREAT domain lawyer

 

[gilescoley]

ok thanks guys

if i own microsoft.com and used it to sell tiny soft things (bad example i know, but you see the idea) i should be ok, however if i used it to sell computer stuff, im in big trouble.

evertonian7uk, thanks

I think it will be risky cos the name has the same words as the TM'd name and can only be used for that product

ie

UsedMotor.com and UsedMotors.com

 

[evertonian7uk]

ok but used motors as the example would be a hard TM since everyone and anyone can sell it,

i suggest a quick PM to Jberry asking him for advise, it seems you like this name alot, were as we can only offer advice, he can tell you the real deal.

 

[gilescoley]

thanks again

I may just do that