Dominion.Domains

Trademark issues?

Labeled as question in Legal Discussion started by BeachLife, Jul 7, 2018.

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  1. BeachLife

    BeachLife Established Member

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    Not really seeking for legal advice, but just a little unclear about the Trademark rule of thumb. Allow me to use "Ribbit" as a real-life example.

    Excluding the international holders, there are at least nine active US entities using this same name at the same time (http://www.wipo.int/branddb/en/). The dictionary meaning of Ribbit is simply the sound of a frog, so how can any of these brand holders go after the new ribbit(dot)com owner if the word seems to be generic "enough"?
     
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  2. creataweb

    creataweb Top Member VIP ★★★★★★★★★★

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    This has been asked many times on here. Have you searched the forum for real examples yet?
     
  3. BeachLife

    BeachLife Established Member

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    I will dig around more. Thanks.
     
  4. bmugford

    bmugford www.DataCube.com PRO ICA Member VIP ★★★★★★★★★★

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    Just a basic summary -

    TM = Trade + Mark.

    Trade (the product or service you offer). Mark (the brand you do it under).

    For generic terms TM are generally narrowly defined. You could probably TM the term "Ribbit" when it came to a specific defined use, but not claim it for exclusive use.

    For instance here are (3) examples. All have a narrowly defined use.

    Word Mark RIBBIT
    Goods and Services
    IC 028. US 022 023 038 050. G & S: SOFT PLASTIC FISHING LURES. FIRST USE: 20050201. FIRST USE IN COMMERCE: 20050201

    Word Mark RIBBIT
    Goods and Services
    IC 009. US 021 023 026 036 038. G & S: Telecommunication products, namely, voiceover instant messaging and flash-based phone technologies in the nature of an interoperable communication system designed to provide radio, streaming video, wireless internet, and VOIP phone, communications software for electronically exchanging voice, data, and graphics accessible via computer, mobile, wireless, and telecommunication networks, and computer software for routing telephone calls via the Internet, for utilizing VOIP communication services, for listening to mobile messages via the Internet, for reading transcriptions of mobile messages via the Internet, and for use in organizing, transmitting, manipulating, and reviewing text, data, and audio files on portable and handheld digital electronic devices. FIRST USE: 20091100. FIRST USE IN COMMERCE: 20091100

    Word Mark RIBBIT
    Goods and Services
    IC 033. US 047 049. G & S: wine. FIRST USE: 19820000. FIRST USE IN COMMERCE: 19820000
     

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