TM includes .com - is it trademarked in .net

[jacal1]

If a trademark includes the .com - like if google.com was the trademark, is the .net protected (e.g. google.net)?

 

[DNQuest.com]

depends. Is the name unique? how is the name being used? is it a similar site?

ebay.com - car.com

There can be a difference.

 

[Skinny]

I think if something is trademarked (i.e. google, nike, toshiba, dell etc.) it still applies to any TLD or ccTLD (.net .org .us .ca etc.). Now I think DNQuest is referring to the usage of the trademark which might make it iffy.

But if it's a well known trademark they own the right to the name no matter the extension.

Skinny

 

[jacal1]

Thanks! That's what I figured - I was just surprised that the word ".com" was actually listed in the TM.

 

[Ronald Regging]

It might be a TM for a design.. Like the design of the words. Domain names can't be TM as far as I know.

 

[tricolorro]

It might be a TM for a design.. Like the design of the words. Domain names can't be TM as far as I know.

Hi,

Right.

The domain can't be regged as a TM unless it's part of a design or functions as a Service Mark (SM).

"Internet domain names raise some unique trademark issues. A mark comprised of an Internet domain name is registrable as a trademark or service mark only if it. functions as an identifier of the source of. goods or services."

from:
http://snipurl.com/DomainTM2

You'll find this interesting.

MARKS COMPOSED, IN WHOLE OR IN PART, OF DOMAIN NAMES

http://snipurl.com/DomainTM

"A mark composed of a domain name is registrable as a trademark or service mark only if it functions as a source identifier. The mark as depicted on the specimens must be presented in a manner that will be perceived by potential purchasers as indicating source and not as merely an informational indication of the domain name address used to access a web site."

"...a term that only serves to identify the applicant’s domain name or the location on the Internet where the applicant’s web site appears, and does
not separately identify applicant’s services, does not function as a service mark. ."

Patrick