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question Trademark message on domain purchase - Abbreviation for a city

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I was about to purchase a domain name which is an abbreviation for a city.

This domain name is available, but I receive a notice that there is a TradeMark claim on this name. This trademark claim is out of Australia, is a claim on 3 letters, and is a common abbreviation for a city in the US.

Do they have rights to this domain? What are my risk if I purchase it - as the abbreviation is for the city and the extension is a perfect match for my line of business. I wanted to use this as my business domain. (or maybe resell to another business in this city if the price was right)

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Here is the message:
You have received this Trademark Notice because you have applied for a domain name which matches at least one trademark record submitted to the Trademark Clearinghouse.

You may or may not be entitled to register the domain name depending on your intended use and whether it is the same or significantly overlaps with the trademarks listed below. Your rights to register this domain name may or may not be protected as noncommercial use or "fair use" by the laws of your country.

Please read the trademark information below carefully, including the trademarks, jurisdictions, and goods and services for which the trademarks are registered. Please be aware that not all jurisdictions review trademark applications closely, so some of the trademark information below may exist in a national or regional registry which does not conduct a thorough or substantive review of trademark rights prior to registration. If you have questions, you may want to consult an attorney or legal expert on trademarks and intellectual property for guidance.

If you continue with this registration, you represent that, you have received and you understand this notice and to the best of your knowledge, your registration and use of the requested domain name will not infringe on the trademark rights listed below. The following marks are listed in the Trademark Clearinghouse:

They are making claims in all of these areas:
  • Mark: (hidden)
  • Jurisdiction: Australia
  • Goods and Services:
  • Class: 9 ElectroClass: 9 Electronic goods such as DVDs and CDs; computer software; computer games; application software; personal computer application software; software for accessing information on a global computer network; downloadable software via the Internet and wireless devices; downloadable software in the field of social networking; downloadable software in the nature of a mobile application; downloadable software for children; magnets; magnet boards; software to enable uploading, posting, showing, displaying, tagging, blogging, sharing or otherwise providing electronic media or information over the Internet or other communications networknic goods such as DVDs and CDs; computer software; computer games; application software; personal computer application software; software for accessing information on a global computer network; downloadable software via the Internet and wireless devices; downloadable software in the field of social networking; downloadable software in the nature of a mobile application; downloadable software for children; magnets; magnet boards; software to enable uploading, posting, showing, displaying, tagging, blogging, sharing or otherwise providing electronic media or information over the Internet or other communications network, Class: 16 Papers, cardboard and goods made from these materials not included in other classes, including but not limited to printed matter, bookbinding materials, photographs, stationery, adhesives for stationery or household purposes, posters, stickers, postcards, bookmarks, books, programs, calendars; wrapping paper, paper flags, paper pennants, paper bibs, paper placemats, paper napkins, paper coasters, cardboard coasters, printed publications, magazines, newspapers, activity books, statistical books, guide books, reference books, newsletters, pamphlets, printed programs, printed entertainment programs, printed game programs; printed matter for the radio, television and print media; bookbinding materials, stationery, exercise books, diaries, calendars, memo pads, folders, note books, multi-ring binders, book covers, portfolios, printed statistics sheets, adhesives, writing instruments, ball point pens, pencils, drawing rulers, erasers, instructional and teaching materials except apparatus, plastic packaging materials, cards, trading cards, sports trading cards, tennis trading cards, entertainment trading cards, greeting cards, note cards, stamps, sports stamps, bumper stickers, albums, scrap books, autograph books, photographs, mounted photographs, pictures, line art colouring boards, non-textile labels, tickets and control tokens, Class: 21 Household or kitchen utensils and containers; ornamental glassware;, porcelain; earthenware; containers and bags in class 21, including containers and bags adapted to maintain the temperature of goods contained therein; cool bags; non-electric portable coolers; portable coolers; coolers (non-electric containers); lunch boxes; bottle openers, Class: 25 Clothing, footwear, headgear including but not limited to T-shirts, polo shirts, shorts, caps, bucket hats, vests, polo fleeces, trousers, socks, shoes, headbands, visors, bandanas, wristbands, sweat bands, skirts, tracksuits and spray jackets, Class: 28 Games and playthings including but not limited to tennis racquets, tennis balls, tennis bags, sports bags, tennis batons, sponge balls, paddle bats, tennis shatter balls, board games; tennis court nets, totem tennis; coin operated games; self contained apparatus and instruments for playing games including mechanical games, electronic games, computerised games, battery operated games, games that are portable, games that include a built-in display, games that include a built-in program, games that receive one or more programs; hand held portable self contained apparatus and instruments for playing games; parts, fittings and accessories in class 28 for the aforesaid goods; video games and computer games for playing in game arcades and game playing venues; electronic video arcade game machines, Class: 35 Promotion, marketing and advertising of tennis competitions, tennis tournaments, recreational tennis tournaments, tennis coaching and other tennis products and services including but not limited to the promotion and advertising of tennis australia, the australian open and the australian open series of tournaments, Class: 38 Tennis and tennis related or themed broadcasts, transmissions, telecasts and other communications in this class (through any medium including film, radio, video and television), Class: 41 Entertainment, sporting and cultural activities, tennis coaching, tennis umpiring; amusement and recreation; sporting activities, sport competitions, sport matches, sport games, sport exhibitions, sport events, hosting sport award functions, sport information, education, sport education, physical education, coaching, sport coaching, physical coaching, training, sport training, physical training; publication of books, magazines, pamphlets and printed matter (other than publicity texts); library services, video library facilities and video storage facilities; museum services; radio and television entertainment; film, video, radio and television production and entertainment (including tennis related and/or themed film festivals and other cultural events); tennis competitions, tennis matches, tennis games, tennis exhibitions, tennis events, tennis telecasts, tennis broadcasts, tennis education, tennis information, tennis awards, arranging tennis clinics, conducting tennis clinics; production of tennis videos and films
  • International Class of Goods and Services or Equivalent if applicable:
  • 9 - Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; compact discs, DVDs and other digital recording media; mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment, computers; computer software; fire-extinguishing apparatus.
  • 16 - Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists' materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); printers' type; printing blocks.
  • 21 - Household or kitchen utensils and containers; combs and sponges; brushes (except paint brushes); brush-making materials; articles for cleaning purposes; steelwool; unworked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes.
  • 25 - Clothing, footwear, headgear.
  • 28 - Games and playthings; gymnastic and sporting articles not included in other classes; decorations for Christmas trees.
  • 35 - Advertising; business management; business administration; office functions.
  • 38 - Telecommunications.
  • 41 - Education; providing of training; entertainment; sporting and cultural activities.
Thoughts or opinions????
 
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The views expressed on this page by users and staff are their own, not those of NamePros.
Anyone have any insight on this?

I understand you can't give me legally binding advice, but I am curious about this one.

Can an Australian Trademark involving 3 letters that is an abbreviation for a City in the US cause me any issues if I purchased the domain?

They seemed to have covered every possible line of business with their TradeMark claim.

The company that has the claim is a sports association.
 
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If your going to use it for a real business I would just reg it.

The key here is probably the extension. The more the extension relates to the core of their tm, the more of a case they have.
 
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Is it a registered TM in the country you live in? If not, then it has no bearing. Just because it is TM, doesn't mean it cant be used for other purposes. So as long as its not used for a sports association, you are free to use it. That letter is going to, or has, tried to sell you something else.
 
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That seems very odd to me for a company to have such a broad trademark. You can use the domain as long as it's not in the same business/industry as the trademark holder.
 
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