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There's a 2 word that I want to buy but i think is trademark. The 2 word .com redirects to another website but when I got to http://www.uspto.gov/ like 59 results come out but not for the 2 words together.

Is there another way that I can check to see if it is trademark?

If a .com is trademark does that mean that all other ext. are trademarked too?
 
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AfternicAfternic
If I have the keywords "Best Buy" that will be trademarked regardless of the extension. This doesn't keep domainers from trying to earn some money by regging them and reselling them but this is a touchy business.

I just had a mid $xxx yesterday of a domain that apparently has an European TM that I didn't even know about (it was not TMed in the US). The buyer was very nice about the whole situation and I consider myself lucky the transaction ended so well.
 
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If I have the keywords "Best Buy" that will be trademarked regardless of the extension

Not actually true AFAIK. Depends on teh Geographic Trademark they have. I've looked into this and you need to get an "international" trademark, and even then, various countries are excluded.

Certainly worth looking into. Alot of places will get certain countries they plan to do business in, and ignore the rest until the "right time". In that period, your legally entitled to register it and there could be fair arguement aslong as you have a sustainable businerss and not just "leeching" off thier global name.

Sure I'll be corrected tho ;)

M
 
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you can use quotes (") to specify a phrase search in the uspto search system ...
eg. "phrase search" will look only for "phrase search" and not the "phrase" or "search" entries just by themselves ...

also you can use the logical operators of the uspto search for more precise searches ... go to uspto.gov > click e-Business ... Trademarks on the left > click search on the top > click HELP on the left (alternatively click Free Form Search from the types of searches > click HELP on the top) > then click Logical Operators from the menu ... (I could not put a link straight there because the search times out)

lastly , you can check for international trademarks , in the WIPO (World Intellectual Property Organization) with the Madrid Express simple search or with the Madrid Express structured search...







the basic principle behind trademarks is the avoidance of confusion (for the origin - as in from which company) of a product for consumers and the protection of a company's efforts in creating a good brand ...


if one term of the two is TMed , then it would depend on what the term is and also on what the second term is ...
eg. if the first term is "Google" (constructed term) and the second term "domains" you can understand that if you register Googledomains , people might get confused that you are selling Google domains and therefore Google would be on the winning side taking that domain from you either with a URDP (Uniform Dispute Resolution Policy) or in courts ...
on the other hand , if the one term is "apple" (generic term) and the other term is "green" you can register greenapple if you gonna use it for selling hats for example ...

the same words can be used as brands in different industries , since TMs are industry specific (eg. even though Apple is a well-known company you can use "apple" for selling hats , that is if there is not a TM for "apple" for hats) ... there are some exceptions to this , for example , if a company is really well-known (brand awareness) , also famous for a specific characteristic and another company is trying to exploit the name for association with tha characteristic ... eg. McDonalds won over a hotel company trying to name itself McSleep because the court decided that the hotel company was trying to exploit the fame of McDonalds for fast , high-in-value/price products (and that the consumers might be confused that the hotels belonged to McD) .


if a company owns a TM it can easily prevail in acquiring or cancelling TMed domains in all gTLDs and all ccTLDS of countries that it has a TMed presense in ... regarding countries they are don't have a presense at , I would suggest people should respect a brand (if they are aware of it) and not try to exploit it ... unless the term is a generic one (not a constructed word) and they have a genuine interest in developing the name in a different industry that the industries the TM holder is doing business in ...
 
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yes, today I also met the similar thing, I regged a very good name, then I find it is too good to be true.
I would say before registrate a name, more research work should be done.
Wish you good luck and avoid TM issue forever!
 
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