TM issue, dictionary word

[maxeaus]

I would like some advice on a dictionary word i would like to register, it is available in only 2 extensions at present and i would like to register it in one of these. It has 2 trademarks on the word, both a type of mark - SERVICE MARK , im surprised it is trademarked by two people, i assumed only one could exist at once in the direct form.

As the word is generic and a dictionary word, should i reg it? or just move on and forget it. I have no thoughts of trying to compete against these other business's directly or indirectly. I take trademarks seriously, so i do not want to be seen as a "squatter", which is why i need to know where i stand before i regret regging it.

 

[DeenaEsq]

Registering a dictionary word, particularly if you're not intending to use it in the same field as the trademarked words is fine. Register it and set it up as a non-competing site.

As an aside, you can have multiple TM registrations for the same word. For example, Apple (for computers) and Apple Records (for music), which both exist. Another person could register Apple for a diner or a shoe store and not be violating the trademark of the other two holders. The issue is likelihood of confusion...

Let me know if you have other questions.

Deena
______________________________________________________-

Any opinions are offered without knowledge of the specific law of your jurisdiction and with only the limited information provided in your post. No advice given here should be reasonably relied upon by you or any third party without consulting an attorney who is aware of all of the facts and law surrounding your situation. Any advice given here is not intended to create an attorney-client relationship in any way.