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Trade Mark Check Link

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globegenius

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For the newbies. Please check to see if the domain you want to register is trade marked.


Trade Mark Check
 
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The views expressed on this page by users and staff are their own, not those of NamePros.
Is it advisable to obtain a trademark for really good domains? I just recently picked up a good 2 word generic domain, but it already has three trademarks, two by major brand names.

unfortunately I cannot afford to trademark the name myself at this time, so Im going to try and develop the site into something not related to the catagories the existing TMs are marked for.

Is this some protection?
 
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Mexfi: Try this link that goes to the search form on that site. Enter in the word or words that you want to search for. If you see the word "live" next to a listing, then the trademark is active. If you see the word "dead" that means the trademark is no longer active.

steven4523: Any domain that contains a trademark could be a problem for you. Making a site that has content related to what the trademark holder offers may be the worst thing to do, since it seems more like you are looking to benefit from your use of the tradmark...!

If you have domain that contains a trademark, your best option is to develop it into something that is not related to what the trademark is about, or something not directly related. Example: You have PlaystationFun.com. Making a site that sells computer game consoles may be more risky than a forum site about computer games.

In general, you should STAY AWAY from using trademarks unless they are also terms used in a more generic sense, and you can use them in a way unrelated to what the trademark holder is known for. That is, the words have other honest, non-trademark uses. Like coke, monster, dell, etc.
 
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Hi,

i wanted to check if the term "serious" is trademarked, only thing it shows is the symbol or graphic mark?
but this term is so generic

---------- Post added at 09:54 AM ---------- Previous post was at 09:53 AM ----------

any help please?
 
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Mexfi: Try this link that goes to the search form on that site. Enter in the word or words that you want to search for. If you see the word "live" next to a listing, then the trademark is active. If you see the word "dead" that means the trademark is no longer active.

steven4523: Any domain that contains a trademark could be a problem for you. Making a site that has content related to what the trademark holder offers may be the worst thing to do, since it seems more like you are looking to benefit from your use of the tradmark...!

If you have domain that contains a trademark, your best option is to develop it into something that is not related to what the trademark is about, or something not directly related. Example: You have PlaystationFun.com. Making a site that sells computer game consoles may be more risky than a forum site about computer games.

In general, you should STAY AWAY from using trademarks unless they are also terms used in a more generic sense, and you can use them in a way unrelated to what the trademark holder is known for. That is, the words have other honest, non-trademark uses. Like coke, monster, dell, etc.

I'm so sorry to re-write again. Your link gives error. Can you control it please? thanks
 
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The basic problem is that some newbies will not read anything and register what ever is in their head. The site is full of information. You have to read. A basic tess search will show you if a name is trade marked and whether the trade mark is "live" or "dead".

Here is one Tess link in the site.

"You can lead a horse to water, but can not make it drink" :|
 
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The basic problem is that some newbies will not read anything and register what ever is in their head. The site is full of information. You have to read. A basic tess search will show you if a name is trade marked and whether the trade mark is "live" or "dead".

Here is one Tess link in the site.

"You can lead a horse to water, but can not make it drink" :|


Don't worry , i make enough effort to learn. But when you are at the begining, you can't know everything. I don't think, you learnt everything yourself. You asked questons. I hate when people writing like you. People can decide easily and they are biased!!!
 
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Those last Tess links, including mine, do not work. So much for experience.... :) They should work, but they have some kind of funny "session" variable that is expiring. Just go to http://tess2.uspto.gov/ and use the top selection: New User Form Search (Basic)

Mexfi: If you are going to let comments like that bother you, this may not be the place for you to learn. Some members here are, well "harsh" and have little patience. I don't know why they bother posting sometimes. The post by globegenius was not too ahh "friendly", but it was not bad compared to some. If you can keep from getting offended by those that act like that and just ignore what seems inappropriate, you can get much beneft from this site and find those that act a little nicer to new uses.

Thank you,
Chris
 
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Excuse me if I sounded harsh. Words on a computer are never the same as saying it in person. I'm actually a quite humorous person. I posted the link because I want to help people. If I did not want to help, I would have said nothing. I know it takes time to read and learn but its worth the effort in the long run. May you all be successful and prosper.

Edit: I see the session cookies expires. Just go to the main site in my first post and use TESS in tools on the left hand side for a basic search.
:wave:
 
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While a person should know if a domain name contains a registered trademark and should consider the effect, the fact that your domain name contains a trademarked term should just trigger additional analysis.

Almost any English word you can think of has been included in a US registered trademark. Words like "star", "power" and "yellow" each appear in thousands of marks. That doesn't mean that you can't use those words in your domain name. There are many factors that need to be considered.

So, yes, definitely check out the trademark database before you buy a domain, but understand that just because a word or phrase pops up with a number of hits does not mean that you cannot use the word in a way that does not infringe the trademark rights of the owners of the registered marks.
 
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There was an interesting article published here that talks about some details how the owner of aaa.net was able to retain their domain name, despite a complaint by the AAA. If you read it you should start to understand how it is possible (but still risky) to register and use a domain that is or contains a registered trademark. This information is best used to know when you can and should defend a domain that someone is trying to take from you, even if you are not infringing or using the domain in bad faith.
 
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Basic rule of thumb: stay away from made-up TM'd domains that include names like "Verizon"; I suspect that some corporations create "brandable" words so that they can vigorously protect their trademarks.

On the other hand, registering words like "soft" or "micro" are not illegal or forbidden, as long as they don't cause confusion with Microsoft and that you don't use them in a manner that causes TM confusion. I would refrain from registering them in the same name, such as "soft micro." But combinations like "soft tissue" or "microphone" should be fine.

If you are registering a name for a major project, you should consult a TM lawyer who specializes in TMs and domains.

;)

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