Trademark advice needed

[jkotinis]

Suppose I have TM a generic name for a .eu domain, but no business at all

The same name is used by a company in one eu country and they own also the .com and the local country domain.They sell specific goods.
But they don't have a TM on that word , and recently I think they made an application for a TM, but they have no registration yet.

the question is.
If I register the .eu domain name using the TM I have, do you think that I might have a problem in the future from them since they are an established company?

thanks for any answer.

 

[greggish]

Anybody can file a WIPO complaint even if its not justified...

http://www.namepros.com/legal-issues-and-disputes/167736-big-publishing-group-demands-my-domain.html

But by the way you described the situation you should be fine.

 

[jkotinis]

thanks,

the thing is that I am the one who has the TM. I don't want to use it for products or services related to their business, but for something completely irrelevant.

I will not try to hijack their names (in no way I have such ittentions).

I just want to know if they can run after even without the TM just because they are established company.

 

[greggish]

thanks,

the thing is that I am the one who has the TM. I don't want to use it for products or services related to their business, but for something completely irrelevant.

I will not try to hijack their names (in no way I have such ittentions).

I just want to know if they can run after even without the TM just because they are established company.

Even if a phrase or logo is not a "registered" trademark, it still can be a company's trademark. The mere fact of using it in commerce can give it trademark status. But, I don't know what the .EU sunrise registration requirements are (do they require an applicant to have a "registered" trademark)...

 

[painperdu]

Suppose I have TM a generic name for a .eu domain, but no business at all

I thought you had to have a business or product in order to have a trademark?

Can you just trademark a name?

 

[Dave_Z]

The .eu registration agreement can give you some clues.

 

[primacomputer]

thanks,

the thing is that I am the one who has the TM. I don't want to use it for products or services related to their business, but for something completely irrelevant.

I will not try to hijack their names (in no way I have such ittentions).

I just want to know if they can run after even without the TM just because they are established company.

Was this established company “trading”? Were they printing the “mark” of the domain name on their business cards, web site, etc.? If so it would seem that they already have a mark under which they are trading, which is called a Trademark.

 

[labrocca]

Ugh you don't make any sense. How can you trademark a name you don't use? If you have no business at all then you have no TM. You need to have a use for the mark in order for it to be valid. Otherwise I could go register every word I can create or find and say they are mine. YOU MUST HAVE A USE!

Jeez...

 

[verbster]

Trademark rights exist on three levels: at common law, by state registration, and by federal registration.

1. Common law marks are marks protected because they have been adopted and used, and the public recognizes the products or services identified by the mark as coming from a particular source. Although the majority of trademarks in existence are not registered, owners of un-registered trademarks still have legal rights to the exclusive use of their trademarks.

(Once a trademark is successfully registered with the USPTO, certain statutory rights are created protecting the trademark owner.) However, the general rule often referred to as "first-in-time"--The first person or entity to use a trademark in commerce receives common law protection for the use of that trademark. Thus, this "first person" can prevent others from using that same trademark...even if this "first person" never registered the mark.

2. State registration systems exist throughout the country to allow the owners of common law marks to register them if they are used within a particular state.

3. As commerce between the various states evolved, the federal system of registration emerged to provide protection for marks in interstate commerce. Federal protection may be available for the name of your product and/or service, a logo or any other mark that identifies you as the source of a product or service. Common law and state registration rights will be enhanced by the benefits associated with federal registration. Federal registration rights can be renewed and can last forever.

 

[DNQuest.com]

Ugh you don't make any sense. How can you trademark a name you don't use? If you have no business at all then you have no TM. You need to have a use for the mark in order for it to be valid. Otherwise I could go register every word I can create or find and say they are mine. YOU MUST HAVE A USE!

Jeez...

Is it just me, or do you sound more like me everyday??? You basically stole my answers on the past couple of threads and gave me nothing really more to add.... I guess I need to covert....

Here is how youcan get away with using the TM name.... lol

 

[jkotinis]

thanks all for your replies. It made some things more clear to me.

 

[labrocca]

Is it just me, or do you sound more like me everyday??? You basically stole my answers on the past couple of threads and gave me nothing really more to add.... I guess I need to covert....

Here is how youcan get away with using the TM name.... lol

Maybe we are just 2 smart people. Next time you can answer first.



Even lawyers on opposing sides can agree on things but it's presentation must be different to the court. I sure wish I had the money as a teenager to go to law school. I am seriously thinking about it now though.