What is a service mark?

[Erdy]

The first condition mentioned in UDRP dispute policy says:
"(1) that the domain name is identical or confusingly similar to a trademark or service mark in which the Complainant has rights,"

What is a service mark? Can you give some examples?

Another question:
Assuming I have a domain that is identical or confusingly smillar to a product or a company's name but the name is not a registered trademark. Can they complain? A friend of mine has the com version of a registrar that uses the net version but the registrar doesn't have a TM.

Last Question:
What is an unregistered trademark?
If we would make a list that falls into this category what would the list be like? I'm assuming artist names will be on that list. What else?

 

[kriss05]

check the link below:

http://www.chillingeffects.org/trademark/faq.cgi#QID56

 

[AdoptableDomains]

A trademark can be registered only for tangible goods. Those who sell intangible things like services actually get a service mark SM instead of a TM. Essentially they do the same things.

If you sell cars, computers, or widgets, you get a TM

If you sell domains, web hosting, or Banking Services, you get a SM.

for purposes of domain law, they are commonly used interchangeably.

 

[Erdy]

Hello,
Thank you for the answers. The service mark issue is now clear. I would appreciate it if someone could tell me in what conditions I might still lose a domain if the complaint doesn't have a service mark or trademark?

Assuming there is a product or service but they didn't register it. What would happen? Thanks.

 

[DNQuest.com]

You do not have to register a TM or SM to be afforded protection as a TM or SM. They can attain common law status through usage. So if someone is selling an item and they do not register the TM, they would have to prove they have been selling the product through various sources (brochures, website ads, a store, etc). You knowing they sell this item under the name almost certainly proves you know they may have some rights to the name.

As far as losing the domain, if they prove Tm, then any bad afith usage would work agaisnt you. There are many many vaiables, but if you make money riding their coattails, chances are not good usually.