UK Declined Tm's

[Michelle]

Ok I dont know all there is to know obviously but am not totally green :D

My question is aimed at UK trade marks as I have already searched US data and none show.

I have a name .tv of a large developed .com. I did not buy because of the developed .com and checked before I bought of any UK tm.s and found they had been declined.

I have since found the site is up and running with a little tm mark next to its name.

I know about having rights to tms via usage but this has been declined so my
My question

Am I ok :cy: and can they state they own the tm when they dont

 

[Kate]

I don't know about the UK but in the US you can use ™ to indicate you're claiming TM rights (could be used while your formal application is pending review). So it's nothing official.
When your TM is filed you can use ®

 

[Pommy - The DN Doc]

I don't know about the UK but in the US you can use ™ to indicate you're claiming TM rights (could be used while your formal application is pending review). So it's nothing official.
When your TM is filed you can use ®

Same applies in the UK. Depending on the name, TM concern is usually wrt infringement and that is product specific. Dilution is a concern if the name were a famous mark, eg Disney. But I am no lawyer... :lala: :zzz:

 

[IAmAllanShore]

Would depend on the context...

If I tried to TM "Pear" as my mark for a business that deals primarily in the selling of pomaceous fruit produced by a tree of genus Pyrus, I'd have that mark declined, but if I went back and tried to TM "Pear" for a line of ceiling fans...

Having a TM declined could point to a fatal flaw, but could also be a procedural issue, or an error in filing, and noting a past application was declined is not sufficient to say a TM does not exist.

-Allan :gl:

 

[Michelle]

Thanks for the replies so far :tu:

A couple of nice members have said it may help if I say the name so

*holiday~~
supermarket~~
*.tv

I was actually just searching names that I thought would fit .tv and the fact the uk loves price comparrison sites.

 

[mwzd]

Thats too generic.

I don't think you should have a problem, but please do check whether the site using the TM mark has filed a tm for the same.

It would also depend on your usage of the domain, but not many uses you can put this to.

 

[flamewalker]

Whether holiday and supermarket are together or not really shouldn't matter... if either or both are used for its descriptive meaning, at least in the US, you cannot get a TM. If the .com site fits the descriptive meaning, then they really can't honestly claim TM rights IMO. If your plans are for the descriptive meaning, you should be fine.

It won't stop them from trying though, however based on what you have given, it is very likely they will just fall flat on their face if they try to take the name on TM infringement.

The above poster used Pears as an example... another famous example is Apple. You can't use Apple.com to sell apples and be able to claim TM, however you can use Apple.com to sell pc's and get a tm.

 

[Ms Domainer]

Whether holiday and supermarket are together or not really shouldn't matter... if either or both are used for its descriptive meaning, at least in the US, you cannot get a TM. If the .com site fits the descriptive meaning, then they really can't honestly claim TM rights IMO. If your plans are for the descriptive meaning, you should be fine.

It won't stop them from trying though, however based on what you have given, it is very likely they will just fall flat on their face if they try to take the name on TM infringement.

The above poster used Pears as an example... another famous example is Apple. You can't use Apple.com to sell apples and be able to claim TM, however you can use Apple.com to sell pc's and get a tm.

*

I have repped you for this (very helpful to me) and another thread.

Thanks!

*

 

[Dave_Z]

When your TM is filed you can use ®

Registered, actually:

http://www.uspto.gov/main/faq/t120054.htm

The federal registration symbol, the R enclosed within a circle, may be used once the mark is actually registered in the USPTO. Even though an application is pending, the registration symbol may not be used before the mark has actually become registered.

PLEASE NOTE: Several foreign countries use the letter R enclosed within a circle to indicate that a mark is registered in that country. Use of the symbol by the holder of a foreign registration may be proper.

 

[Kate]

Registered, actually:

Yes, thanks for correcting :tu: