What if a TM is in another country?

[lennco]

I would like to know if I own a domain in the USA and there is no TM here but a TM in Germany DPMA and an International WIPO TM what would that mean for me exactly?
The international TM does not cover the USA.

I have owned a certain domain for a few years and when I bought it there was and still is no TM here in the US.
But I just check Namecheck.com and I see that there are those two TMs in other countries.

Anyone else ever deal with this?

Thanks

 

[lll]

I would think a tm is a tm is a tm but not 100% sure about this topic.

 

[lennco]

I would think a tm is a tm is a tm but not 100% sure about this topic.

I'm not sure either, Namecheck doesn't let me see when those TM's were created.
I have never searched out TMs in other countries before.

The name applies to a product sold in Germany but its not known or sold here in the US.

 

[Ms Domainer]

*

I would think that you would be okay if

(1) the term is generic and not a descriptive term for the product itself

AND​

(2) Your site does not display ads featuring the TM holder's ads​

If the term is a made-up word (example: Verizon), then you could be in trouble.

I'm not a lawyer, but this is the way US law seems to work.

*

 

[lennco]

Ok, here is what I am finding out when I Google it.
So without saying the name lets just say its called "CandyNow" just the purpose of this post.

I see its a french company and they are using Candy'Now with an apostrophe and its for a flavord milk company.

I just found this when I Googled it,

Goods/Services Class: 29

Milk, flavoured milk, yoghurt, cheese and desserts made from milk, all containing a sweet flavouring or sweetener, all included in Class 29

Now, lets say I have CandyNow.com, and its on a parked page and no ads are related to flavored milk.

But I do have someone interested in buying it and I know they are here in the US and they want to use it for candy.

Can or should I sell it?
And would it be in good faith?

Thanks

 

[lothos]

Were you aware of their product when you bought the domain?

I looked at their page and it looks like a YooHoo or chocolate milk product while your page is just showing candy ads. I don't think that would be considered infringing and I think you have a possible argument that it's generic enough, although I've never heard that phrase used before.

 

[lennco]

Were you aware of their product when you bought the domain?

I looked at their page and it looks like a YooHoo or chocolate milk product while your page is just showing candy ads. I don't think that would be considered infringing and I think you have a possible argument that it's generic enough, although I've never heard that phrase used before.

No, I never heard of them until I saw those 2 TMs in other countries today when I looked it up on Namecheck and the only reason I even looked it up today was because I got an offer and I just wanted to make sure someone hadn't created a TM since I bought it a few years ago.

When I checked it a few years ago I just went by the US TM search, but now I sometimes use Namecheck when I buy domains.

I just never came across this before.

---------- Post added at 06:55 PM ---------- Previous post was at 06:29 PM ----------

I've never heard that phrase used before.

It happens to be one of my favorite suffixes.
I have many domains with that as a suffix.