guide Same Brand Name TM for Multiple Organizations???? HOWW??

[Zameer24x7]

How it can be possible a brand name i.e BestWay is a registered TM name for multiple companies across the globe? Please explain.

Source: Wipo

 

[LucidDomains]

TM are broken down into around 40 classes.

Each class represents a category of goods/services.

Also TM are country specific.

So it's possible to TM a phrase for "bestapples" for tennis shoes in Mexico and someone else can TM "bestapples" for washing machines in France.

 

[Zameer24x7]

ok thnks for clarification..so if someone register a domain name "bestapples" in another extension what will happen in following scenarios?

1. registered "bestapples.xxx" and running same business of washing machine in France?
2. registered "bestapples.xxx" and running different business in France?
3. registered "bestapples.xxx" and running same business of washing machine but in USA?
4. registered "bestapples.xxx" and running different business in USA?
5. registered "bestapples.xxx" and not running any business on it like we domain investor often does?

 

[LucidDomains]

1. Possible TM infringement and is up to the company to defend their TM
2. No TM infringement
3. No TM infringement
4. No TM infringement
5. Highly dependent on what you do with it...

If it's parked and shows washing machine ads - Possible TM infringement.
If it has no website or it doesn't resolve - No TM infringement
If it has a dummy website unrelated to washing machines - No TM infringement
If it has a website related to washing machines - Possible TM infringement
If it has any of the above and you contact the TM owner about the domain - Possible TM infringement (if the TM is brandable and not generic)


Source: My opinion and based off my experience + I have a TM myself.

 

[Kuffy]

Don't forget that there is the "passing off" law as well as trade mark and copyright laws.

 

[jberryhill]

How it can be possible a brand name i.e BestWay is a registered TM name for multiple companies across the globe? Please explain.

It happens all of the time.

Trademarks are words, symbols, etc. by which consumers in a relevant market recognize products and are able to distinguish among competitive goods.

If I sell a popular brand of clothing called "FOO" in my area, such that consumers recognize "FOO" as indicating the quality and type of shoes sold by me; and if nobody else in my area is selling "FOO" brand shoes, then it functions as a mark for shoes in my area. There might be someone in India selling "FOO" brand cigarettes, but that's not going to cause any consumer confusion among shoe purchasers where I am, nor is it going to cause any consumer confusion among smokers in India.

Not all trademarks are of equal strength, scope or fame. For example, if I start selling a brand of shoes called "COCA-COLA", then I'm going to have a problem with the fact that it is such a well known, famous and distinctive mark, that consumers might believe my shoes originate with the maker of that brand of beverage.

This can even happen on a smaller scale within a country. For example, in the United States, the mark "USC" is used by the University of Southern California, and by the University of South Carolina, on two opposite ends of the country. Each of them has a US registered trademark, but the exclusive rights in the trademarks are geographically restricted to respective uses east of the Mississippi River, and west of the Mississippi River.

 

[wakguano]

urrmm .. what site is that ( in screenshot )? .. to check TMs

 

[Zameer24x7]

http://www.wipo.int/branddb/en/#