Trademark question

[maksim]

I would like to get a .net domain with very generic name. The .com exists and they are claiming that the name is a trademark but I wasn't able to find the trademark registration on any of these sites:

us: http://tess2.uspto.gov/bin/gate.exe...nglish&p_d=trmk

uk: http://webdb4.patent.gov.uk/tm/text/

canada: http://strategis.ic.gc.ca/cipo/trademarks/search/tmSearch.do

Is it possible that their trademark is not listed? Is there any other place except for the above links where I can search for existing trademarks?

Thanks

 

[wisconsin]

A trademark doesn't necessarily have to be "registered" to claim trademark rights. Many business have the "TM" next to their entity names but are not registered.

In this case, you can apply for one yourself if it's not registered.

 

[maksim]

So if I get this domain and use it for same or similar business I will not get into a legal trouble?

Thanks

 

[stscac]

I would like to get a .net domain with very generic name. The .com exists and they are claiming that the name is a trademark but I wasn't able to find the trademark registration on any of these sites:

us: http://tess2.uspto.gov/bin/gate.exe...nglish&p_d=trmk

uk: http://webdb4.patent.gov.uk/tm/text/

canada: http://strategis.ic.gc.ca/cipo/trademarks/search/tmSearch.do

Is it possible that their trademark is not listed? Is there any other place except for the above links where I can search for existing trademarks?

Thanks

it is very possible. i am not claiming to be a legal expert in this and you should consult a legal expert for things like this - but heres my stance on it:

If someone is using a name that you want to use, and you are wanting to use it, make sure that you are selling/promotion different things than they are. This steers you clear of infringing on their "intellectual" trademark (a name that has been publicly used to represent their company/product/service) and thus getting in trouble for it.

Best of luck in this endeavour

-Steve

 

[wisconsin]

So if I get this domain and use it for same or similar business I will not get into a legal trouble?

Thanks

Depends on how you define trouble! Yes! if, indeed, they have common law rights to the name and they can prove it when a UDRP or WIPO case is initiated about the domain.

Your best shot if you really need the name is to apply for it's registration if it's not registered, yet.

 

[Dave_Z]

How generic is it?

 

[JoshHendo]

i would just set up the domain name and see what they do. if they contact you and it isn't listed as trademark sell it to them for a highish price

 

[maksim]

I did some more research and the domain name is very generic. I dont think anyone can get a trademark on it. Only way you can get trademark for this name is if you add some other words to the name.
Also the .org and .biz have different owners and they are used for similar line of business.

Thanks to everybody who replied to my question.

 

[wchan]

If you are worried about legal trouble, why don't you contact the business owners of the sites with the endings .biz and .org? Ask them if they encountered trouble.