Tm ISSUE? SPOTJOT.COM

[Goss]

I just REG'D spotjot.com then went and looked up trademarks and found that jotspot and spotnjot are trademarked. Is this a trademark issue even if my name is not exactly like those? The word SpotJot is not trademarked when an exact phrase search is done. Am I ok??? Thanks

 

[Dave_Z]

Sure it can be a TM issue if the TM holder chooses to make a big fuss. The
trick is showing you're not related to the TM holder in any way.

Just search around related threads here. There's a wealth of info waiting to
be revealed to those who search and know.

 

[DNQuest.com]

to give a better clue.... use "TM" and then try "trademark" in the search bar.....

 

[labrocca]

For future reference check TM first then register...doing it the other way around is useless.

 

[zipyaj]

IF jotspot and spotnjot are registered marks, you may want to further explore the classifications of said marks (i.e. Class 1 Chemicals) and, therefore better determine factors such as the "likelihood of confusion" that your domain could intrude on their intellectual property (TM) and potentially confuse a consumer and/or dilute their trademark in the marketplace. This is a very common issue and often leads to litigation - that is IF you pursue posting the domain in commerce AND they elect to pursue their claim(s). The advice to check the TM status in advance to registering the domain makes good sense. That said, many entities also register domains in defense of the mark so as to avoid possible intrusions - maybe a revenue option to sell the domain to the holder of the mark(s). Likewise, using "TM" in the upper right position of your name affords "unregistered trademark rights" which MAY offer a defense in the future.
Good Luck!
P.S. No. I am not an attorney. Just an experienced marketer.

 

[primacomputer]

I can think of several hundred circumstances under which you could use it with no problem. And I could think about a few you'd get seriously sued. It all depends on how you intend to use it and how you use it.

 

[Goss]

Thanks for the comments and suggestions. I decided to drop the name to avoid any probs. I have enough on my plate these days anyway.