Would there be a trademark issue with this?

[gazzafat]

So this keyword sentance I have found is registered as a .com by a tech company, but a couple decent TLD's are free.

I checked on the US patent office and it says it is trademarked Standard character mark


I think this means the phrase is trademarked, but can anyone clarify this for domains- I have read if you register in good faith and are not a "Competitor" you can get away with this?

>>
Trademark Formats
The U.S. Patent and Trademark Office considers two formats for trademark registration: the standard character format and the stylized or design format. The design format has a graphic element, which can include words stylized or set with specific fonts. Words trademarked in a design format are only protected in that specific design. The words themselves, be they a company name, slogan or product, are not protected and could be used by other competitors. To receive protection as a registered trademark, you have to register the words through a separate application to the Trademark Office, incurring an additional expense.

Standard Character Format
A standard character format offers the broadest protection for a trademark, though that doesn't automatically make it a strong trademark as defined by the Trademark Office. In the standard character format, you make no claim to any particular style, font or colors used when displaying the trademark. Instead, any display of the characters is protected as a trademark. If it qualifies as a trademark, no one else can use the same words, phrase or name, including words that are spelled only slightly differently from the mark, to identify the source of goods or services similar to ones for which you registered the trademark.

 

[gazzafat]

this is what it says on the inernational Trademark Association:

2. If I have a trademark, do I have a domain name?

No. A trademark is not the same thing as a domain name. A trademark identifies goods or services from a particular source or of a defined quality. If a trademark owner would like to use its trademark as its domain name, the owner must purchase the domain name registration from an ICANN-accredited registrar.

In certain instances, a trademark owner may benefit from ownership of its mark when it comes to domain name registration. For example, when a new top-level domain (TLD) or country code top-level domain (ccTLD) is launched, there will be a “sunrise period,” which allows trademark owners to apply for domain names that correspond with their registered trademarks before domain name registration opens up to the general public. However, this is not an automatic process, and the trademark owner must take active steps to register the domain name.



3. If I have a domain name, do I have a trademark?

Not necessarily. A domain name in and of itself is not the same thing as a trademark. Use of a domain name merely as an informational part of the domain name holder’s Internet address does not qualify as trademark use. Following are examples of a domain name used only as an Internet address:

• A domain name that displays only in the Internet address bar
• A domain name that merely redirects website traffic to another website
• A domain name that is used in close proximity to language referring to the domain name as an address
• A domain name that is displayed merely as part of the contact information for the domain name owner

To qualify as a trademark or service mark, the domain name must function as a mark; that is, it must serve as an indicator of source and not merely as an informational part of an Internet address. If the domain name functions separately as an indicator of source, it may be registered with the appropriate trademark office as a trademark or service mark. For example, a domain name that is displayed prominently and frequently on a webpage might function as a trademark.

A key factor in determining whether the use of a domain name rises to the level of trademark use is whether consumers view the domain name as a symbol of origin separate and apart from anything else.

 

[ZapNano]

What is your domain name?

 

[gazzafat]

I haven't bought it yet, I'm just deciding whether or not to buy it, I will not name the term as it has high search volume.

 

[gazzafat]

Another term i have found has been registered by a Media Company in London, and high level TLDs are available, this is what it says on the UK Intelllectual propery office, it says webpages but not domain, what does everyone think, is it safe to buy?

Case details for trade mark xxxx

Communications and telecommunications services; broadcasting services; global computer network broadcasting services; broadcasting and delivery of audio, video, and/or multimedia content by means of radio, cellular, and wireless communication, television, cable television, closed circuit, electronic communications networks, or computer networks; electronic transmission of data, images, and documents via a global computer network; SMS text messaging services; MMS text messaging services; delivery of messages by electronic transmission; paging services; electronic mail services; providing access via computer and communication networks to text, data, documents in electronic form, databases, graphics, audiovisual information and web pages; providing access to online facilities for real-time interaction with other computer users concerning topics of general interest and for playing games; providing multiple-user access to computer information on computer networks for the transfer and dissemination of a wide range of information; computer bulletins and message boards in the fields of general interest; providing Internet access via kiosks; providing telephone communications via computer networks; and telephony services; distribution of information, distribution of images and distribution of games.

 

[ZapNano]

You worried about these stuff; buy your name you like and move on.. If you worried too much of everything; you can never make money. Just my opinion.

 

[ZapNano]

I haven't bought it yet, I'm just deciding whether or not to buy it, I will not name the term as it has high search volume.

Good idea don't name it.

 

[johnn]

There are 2,456,758 names available to purchase.
Do yourself a favor and stay away from TM unless you have a lawyer friend!

I do not understand why people like TM so much?????

 

[gazzafat]

The problem is both these terms have high serach volume or are well known phrases , and the companies what own the terms are big companies. I know that these type of companies have Lawyers who'll come after you aggressively hence I want the opinion of people on here, I'm not willing to get into any hassle.

I suppose could buy them and sell them quickly, but then the new owner may get into trouble!

You worried about these stuff; buy your name you like and move on.. If you worried too much of everything; you can never make money. Just my opinion.

 

[gazzafat]

As I have shown above there appears to be some nuance in the interpretation of the law in both cases.

I am going to get legal advice on this, i do have friends who are lawyers so I will not make a decision until they tell me so, but if they think there is any chance of me getting into trouble, I'll stay away!

There are 2,456,758 names available to purchase.
Do yourself a favor and stay away from TM unless you have a lawyer friend!

I do not understand why people like TM so much?????

 

[ZapNano]

The problem is both these terms have high serach volume or are well known phrases , and the companies what own the terms are big companies. I know that these type of companies have Lawyers who'll come after you aggressively hence I want the opinion of people on here, I'm not willing to get into any hassle.

I suppose could buy them and sell them quickly, but then the new owner may get into trouble!

You have show concern...how much is the domain name? Is it Premuim renewal?
Just like you said "you don't want to get into any hassle or the the like; you don't have to reveal that name on here. I know this for sure; I had one issue on here; someone reported me to the big company. They said the name was own by this company and it is trademark. The fact is, this company is just one of many; who wanted to used this name. However, since this company is huge so they authomatically give the authority to that company. Your case my be different, than mine. But my opinion, just don't post it on here. That's a good idea..

 

[gazzafat]

Both the domain names are very cheap, like £10 GBP I am certain both have high value, one is based on a TV catchphrase, the other has 20,000 monthly searches.

So when the big company contacted you what did they say and what did you do, and did you give up the name or did you just sell it quick? See I'm willing to buy both if I can get a quick sale, but of course if the person who owns these domains after me gets into legal troubles that may be their business but I'd rather not sell them something that will get them into trouble!

You have show concern...how much is the domain name? Is it Premuim renewal?
Just like you said "you don't want to get into any hassle or the the like; you don't have to reveal that name on here. I know this for sure; I had one issue on here; someone reported me to the big company. They said the name was own by this company and it is trademark. The fact is, this company is just one of many; who wanted to used this name. However, since this company is huge so they authomatically give the authority to that company. Your case my be different, than mine. But my opinion, just don't post it on here. That's a good idea..

 

[ZapNano]

Both the domain names are very cheap, like £10 GBP I am certain both have high value, one is based on a TV catchphrase, the other has 20,000 monthly searches.

So when the big company contacted you what did they say and what did you do, and did you give up the name or did you just sell it quick? See I'm willing to buy both if I can get a quick sale, but of course if the person who owns these domains after me gets into legal troubles that may be their business but I'd rather not sell them something that will get them into trouble!

Honestly, in my case; someone or few members on here reported me. Directly to the company founder; and that founder came here and read the postings of that thread. The fact is he is just one of many wanted to use the name; and that company never created or invented that name. This name have been used by many people; using different businesses. But again when that huge indutry start using that name, some people on here granted that name automatically to that company.

Ok, your name is not much. If you still like your name, then buy it. If the company even bothered to want, then they should compensate you. This because should have secured that name. I think ICANN has said about big companies should secured brand and name. This way no future issues...can arise.

 

[ZapNano]

Oh Mr. Page said, I even know the value of the name. I still have the name; and he didn't want it. I know this for sure, because I gave it to him for free; as a birthday present.

 

[frank-germany]

this is what it says on the inernational Trademark Association:

2. If I have a trademark, do I have a domain name?


3. If I have a domain name, do I have a trademark? .

you have a trademark
when you apply for trademark registration

and it is paid for and later approved and registered.


and then what do you have?

a trademark for exactly and only that use
you applied for
and only in those countries you applied
and got approved for


ask a specialist lawyer


I am not a lawyer

 

[Justin Matmor]

Just because an entity has a trademark over a word it doesn't mean another entity can't take out a trademark for the same word. There are ofcourse restrictions.

Doubt a trademark owner would take possession of your domain name just because they have a trademark over that word.

 

[xarunasx]

Hi,
I have one question:
For example If I have domains like facebok.com or goole.com or oogle.com and there are the original sites like facebook or google. It is TM or not when your domain is 1 letter shorter than an original site?
Thank you!

 

[frank-germany]

Hi,
I have one question:
For example If I have domains like facebok or goole or oogle and there are the original sites like facebook or google. It is TM or not when your domain is 1 letter shorter than an original site?
Thank you!

yes

unless you have a charity website related to goose

 

[Justin Matmor]

Hi,
I have one question:
For example If I have domains like facebok.com or goole.com or oogle.com and there are the original sites like facebook or google. It is TM or not when your domain is 1 letter shorter than an original site?
Thank you!

Facebook and Google could put up a strong case that these domain names could be mistaken as their sites...as they are highly recognised worldwide brands.

 

[frank-germany]

goole com
if you want to sell it let me know