question Surname as TradeMark???

[Richard Barlotti]

My intention to buy this name was because some people have it as last name.
It is not exact mach,because it ends with "s".
My idea to buy it was because of meaning like "Taylor's club" Taylors.club

But I recently saw it as exact mach registered Trademark "Taylors" in case Taylors.net - club name
Is it OK to sell the Taylors.club to Taylors.net?
I don't think they can legally own this name as Trademark.
Example Chinese owns exact Taylors.com - and it is undeloveped website
And there are some websites containing example CoreyTaylor.com
And Taylors.co.uk is fish market as example
Any Advice?

 

[Richard Barlotti]

sorry about my english

secureyourtrademark.com

Can You Trademark A Last Name?
"Under federal trademark law, it is not possible to get a federal trademark registration from the USPTO on a mark that would be considered primarily merely a surname, or last name, unless you can establish secondary meaning (also referred to as “acquired distinctiveness”). In layman terms, this means that you would have to establish that consumers in the marketplace now view your mark as a reference to your company, and not as a reference to your last name. So yes, it’s entirely possible to trademark a last name, but if you cannot satisfactorily prove “acquired distinctiveness” to the United States Patent and Trademark Office (USPTO), you will be denied the full protection of federal law for your trademark.

How does the USPTO determine whether your mark is primarily merely a surname? They look to several factors, including whether anyone connected to the trademark applicant has that surname, whether the mark is a common surname, whether the mark has any alternative definitions beyond the surname, and whether the mark has the “look and feel” of a surname when deciding if you can trademark a last name. There are multiple examples of surnames successfully going through the trademarking process; Dell, Ford, and Chanel to name just a few.

I should note that the whole purpose behind prohibiting marks that are merely surnames is to keep them available for potential applicants who want to use their own surnames as part of their business identity. As always, you should consult a competent trademark attorney before proceeding with a trademark registration."

Any Advice?

I found out that some geographic places on map have the same name.
village example

 

[DomainerGo]

Trademarking is a pretty complex topic, better to consult with a lawyer on this buddy...

 

[ChelseaDott]

I don't think surnames can be a trademark though but I agree, consult a lawyer probably.

 

[Kate]

My intention to buy this name was because some people have it as last name.

I think domainers should find their own comfort zone and prefer names that they could use.
You also have to consider the pool of potential buyers. Good names should appeal to a wide range of potential users.

In your example, and if I get it right, your domain will only be useful to people/companies called Taylor or something like that. It restricts the number of potential buyers. If you add a new extension on top of that, making a sale becomes exponentially more difficult.

Is it OK to sell the Taylors.club to Taylors.net?

TM issues set aside - why would they buy the .club if they already have the .net ? If you offered the .com to them - then they might consider this as an opportunity to 'upgrade' their current domain.
Selling a .club (by your example) is always going to be more difficult, especially if they don't need your domain because they already have one that works just fine.

One should never buy a domain without a compelling reason, especially if there can be TM issues.

To answer the question of trademark, trademark rights are accrued through usage. You have to use the domain name in a meaningful way to gain TM rights. If you have no 'legitimate rights' then other parties with TM rights can easily make a claim against you.

 

[sophia davis]

thats a gret idea because even if you want tosell it there will be end users ready

 

[Robert91]

i don't think surnames come under trademark violation.

 

[abbie fernandes]

i dont think surnames would be trademark...
better option would be to consult a lawyer

 

[Richard Barlotti]

I contacted one of my friend he is lawyer.
Told about this case. I was little shocked about his answer.
I want to point out that I don't live in US CA or UK....
At least in my country laws are different as I understand.

Translated:
"They can't take any legal action against you, internet domains are not Copyright object, it means they are not connected to product trademarks. Person can sell domains even if this person have nothing to do with domain name.
Fun-fact not so long ago I was in one of their clubs in Ibiza"

What do you think? Does this mean I live outside trademark zone?

 

[Kate]

The real question is: what's the likelihood of a sale ?
Even if there is no TM issue, that doesn't mean you 'must' buy the domain.

 

[Richard Barlotti]

TM issues set aside - why would they buy the .club if they already have the .net ?

They have large nightclub network a lot of in UK, also NYC and Ibiza.
I think they will buy it only because .club looks better than extension they have now, it is a lot better for advertisement.
And they actually have .info not .net. net was as example.

 

[william ericson]

i really doubt they come under violation

 

[rahul page]

that's too complex for now

 

[Rachel Mcdonalds]

you would have end buyers ready for that
not sure baout trademark though.

 

[Domains - Wanted]

I contacted one of my friend he is lawyer.
Told about this case. I was little shocked about his answer.
I want to point out that I don't live in US CA or UK....
At least in my country laws are different as I understand.

Translated:
"They can't take any legal action against you, internet domains are not Copyright object, it means they are not connected to product trademarks. Person can sell domains even if this person have nothing to do with domain name.
Fun-fact not so long ago I was in one of their clubs in Ibiza"

What do you think? Does this mean I live outside trademark zone?

Urge your lawyer friend to expand his horizons and read up on UDRP

Don't know how precise was your translation, but someone (your lawyer friend or you) seem to confuse copyrights with trademarks.

 

[Richard Barlotti]

Urge your lawyer friend to expand his horizons and read up on UDRP

Don't know how precise was your translation, but someone (your lawyer friend or you) seem to confuse copyrights with trademarks.

I translated correctly.
His answer was less pointed to this case, more like quoted from my country law.
Maybe Idea was If they don't have any physical products containing trademark on them,than it is safe?
Smart guy, but very possible that he is not so experienced about domain Trademarks.
Because I think he never worked on any open case related to domains.
This happens very rear. Country i live in have population 5 times smaller than New York City.
Thank you!

 

[Domains - Wanted]

...Smart guy, but very possible that he is not so experienced about domain Trademarks.
Because I think he never worked on any open case related to domains...

Global domains (gTLD's) are subject to UDRP, which rules apply irrespective of the domain registrant's (meaning you) place of residence. Consulting with a lawyer focused primarily on your country's local laws may not be such a hot idea. Lack of knowledge prompts for more information. Perceived, but incorrect or incomplete knowledge, leaves you complacent and happily uninformed and unprotected

 

[platey]

The real question is: what's the likelihood of a sale ?
Even if there is no TM issue, that doesn't mean you 'must' buy the domain.

Taylor is a very common surname in the uk but if I had chosen a Taylor domain I suppose I would have picked Taylor + a product or service in dot com

 

[Richard Barlotti]

Global domains (gTLD's) are subject to UDRP, which rules apply irrespective of the domain registrant's (meaning you) place of residence. Consulting with a lawyer focused primarily on your country's local laws may not be such a hot idea. Lack of knowledge prompts for more information. Perceived, but incorrect or incomplete knowledge, leaves you complacent and happily uninformed and unprotected

Correct. I can't disagree.
I will do my best and will contact more experienced lawyer to get better knowledge about this case.
Thank you for your reply!

 

[Domains - Wanted]

Correct. I can't disagree.
I will do my best and will contact more experienced lawyer to get better knowledge about this case.
Thank you for your reply!

Or you can read up on UDRP online and then ask here at NP if you have any questions

 

[Richard Barlotti]

Taylor is a very common surname in the uk but if I had chosen a Taylor domain I suppose I would have picked Taylor + a product or service in dot com

Sorry it is not Taylor. Taylor was only as example.
Surname in this case is not even close that popular, but there are a some websites containing it like CoreyTaylor.com

If anyone wants to know exact name - please pm me