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trademark question

Located in Legal Discussion, started by dojomarketing, Sep 27, 2016

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  1. dojomarketing

    dojomarketing Account Closed (Disallowed)

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    Hi
    I have question please about trademark
    Let's say for an example I found domain name ( localrealtor.ca)
    So when I check the trademark do I need to type ( local realtor) or localrealtor.ca
    Thanks
     
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  2. biggie

    biggie GreenFriendly.com VIP ★★★★★★★★★★

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  3. dojomarketing

    dojomarketing Account Closed (Disallowed)

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    But this is localrealtor so is it trademarked or no ?
     
  4. martinrussell

    martinrussell Established Member ★★★★★★★★★★

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    Canadian Real Estate Association (CREA) are very proactive and monitor all new registrations containing "realtor" and "realtors" regardless of "local" or "best" or "city" or whatever else you use. It might take them a while, but expect a letter…
     
  5. dojomarketing

    dojomarketing Account Closed (Disallowed)

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    Ok that was just an example but I do have a domain name localrealtor.co.uk I won in auction can you tell me if this is been trademarked or no and if it does what should I do delete the domain or what ?
     
  6. martinrussell

    martinrussell Established Member ★★★★★★★★★★

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    I am not a lawyer and cannot advise in any way. I just called CREA to get it straight so maybe find out your association there and do the same.
     
  7. deez007

    deez007 The More I Learn The Less I "Know" VIP

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    I've seen a few realtor domains out in the wild but particularly with ccTLD's so perhaps they are a bit more lenient on ccTLD's in terms of the TM regulations for "realtor"....but I have no idea for sure... like @martinrussell said, prob best to find ur local equivalent to CREA and clarify with them..
     
  8. alcy

    alcy Top Contributor VIP

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    I think its trademarked word... but like othes said it could vary by extension .. your locations etc..

    ...but you still get to see ~80 sales over last years on namebio

    make sure your domain page is not parked with related ads or house sale ads of any kind

    and then it is entirely up to you whether you wanna to keep your domain and take your chances and wait either for a sale inquiry, or a note explaining trademark to you. cheers.
     
    Last edited: Sep 27, 2016
  9. Kate

    Kate Domainosaurus Rex VIP ★★★★★★★★★★

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    Realtor is an American thing, they don't have Realtors in the UK.
     
  10. alcy

    alcy Top Contributor VIP

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    hmmm.... so canada and usa then.. that could be it.

    so is it more about extensions then or owner's location?
     
  11. martinrussell

    martinrussell Established Member ★★★★★★★★★★

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    And Canadian, eh?
     
  12. martinrussell

    martinrussell Established Member ★★★★★★★★★★

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    I think it's more about the long standing trademark on "realtor" but I wouldn't know about how that might affect our OP @dojomarketing if using in the UK. I DO know that up here one of the wonky rules for the local real estate "boards" as mandated BY CREA is that they can only use a hypen, like city-realtor.com or .ca as the case may be…

    And I can't remember if it was realtor.biz or realtors.biz that was saved in a UDRP (might have been a South Korean registrant) but the other was lost. Part of the reasoning was that after so many years the TM is diluted (think Aspirin / Kleenex) and the word realtor "may" now, or soon be treated as a common noun.
     
  13. dojomarketing

    dojomarketing Account Closed (Disallowed)

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    Ok let's say it's trademarked what I should do now can I delete it ?
     
  14. martinrussell

    martinrussell Established Member ★★★★★★★★★★

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    I'd make a phone call before abandoning the idea…
     
  15. dojomarketing

    dojomarketing Account Closed (Disallowed)

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    Phone call to who ?
     
  16. The Durfer

    The Durfer Top Contributor VIP Gold Account

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    it depends on what you do with it, read the details of the trademark, too many people are running away because of the name but say you used it for auctioning and the trademark is for real estate appraising. Its not the subject trademarked. This is just an example, I haven't looked up realtor and what it is covering, but you get the idea. I looked up what was it? oh yea, cars and they have a trademark for almost every item you can imagine that is one you would want to stay away from. Where one named applebites might be for a food and not apple the computer company. See?
     
  17. The Durfer

    The Durfer Top Contributor VIP Gold Account

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    here this is easier than explaining. When you put in your keyword you will be able to see if it is a trademark issue. Just click here
     
  18. HKIBC

    HKIBC Account Closed (Disallowed)

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    Don't panic, guys ;) Trademark application is limited:

    - geographically. Means it applies only to the jurisdiction in which it had been awarded. A Canadian trademark does not apply in, say, Mexico (assuming it had not been applied for and awarded in Mexico as well).

    - by subject matter. Means it is valid for specific class(es) it had been registered in. Example: hosting and running (or planning to do so) a website, say, firstrealtor.com, in Canada, all about domain properties, should be safe from prosecution (assuming the trademark had been awarded for real estate class only and not IT).

    Doesn't mean you won't get a cease and desist letter or have a claim under UDRP against you, though, but defensible IMHO.

    There is a clock on copyrights, don't remember if that's true for trademarks as well... :-/

    DISCLAIMER: I'm NOT a lawyer and none of the above should be construed as legal advice, only pointers in what areas to seek further information or legal advice ;)
     
    Last edited: Sep 28, 2016

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