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Very Important Tip before Registering Domain Names :)

Discussion in 'Domain Names' started by olddocks, Jul 31, 2007.

  1. #1
    Starting anything without checking for trademarks can put you in trouble at some point of time or other. It may be possible that in your country the trademark may not be available but somewhere in other part of the world some third person may have registered a trademark that collides with your name.

    A trademark owner can claim your domain if it means confusingly similar or infringes their trademark. Some trademark owners are very strict and forbit/dont allow their registered mark to be mixed with other word combinations. Be careful !:eek:

    Doing a initial trademark search is a must before registering a domain name of your choice.

    Always do a preliminary trademark search before you

    * Registering a Domain Name
    * Registering Business Names
    * Selecting New Product or Brand Names

    Initially it would cost more than $1000 to do a official trademark search through an attorney. The best less expensive way is to do it for yourself. Search the trademark databases available in different countries online although it is not 100% foolproof. I have published URLs to only specific important countries, the complete formation available at WIPO Trademarks Database site.

    List of Trademark Databases Online

    Madrid International Registrations http://www.wipo.int/madrid/en/services

    Office for Harmonization in the Internal Market (CommunityTrademarks) http://oami.eu.int/CTMOnline/RequestManager/en_SearchBasic

    Australia http://www.ipaustralia.gov.au/trademarks/search_index.shtml

    Austria
    http://www.patent.bmvit.gv.at

    Brazil
    http://www.inpi.gov.br

    Canada http://strategis.ic.gc.ca/cipo/trademarks/search/tmSearch.do

    Chile
    http://www.dpi.cl/tapa.asp?cuerpo=486

    Czech Republic

    http://isdvapl.upv.cz/servlet/page?_pageid=82,110&_dad=portal30&_schema=PORTAL30

    Estonia
    http://www.epa.ee/client/default.asp?wa_id=438

    Finland
    http://tavaramerkki.prh.fi/

    France
    http://www.icimarques.com/
    (access subject to payment)

    Germany
    https://dpinfo.dpma.de

    Hong Kong
    http://ipsearch.ipd.gov.hk/tmlr/jsp/index.html

    Hungary
    http://elajstrom.hpo.hu/HPOAdatbazisok/hophandler?lang=EN

    Ireland http://www.patentsoffice.ie/eregister/Query/TMQuery.asp

    Israel
    http://patentim.justice.gov.il/db1.htm

    Japan
    http://www.ipdl.inpit.go.jp/homepg_e.ipdl

    Mexico
    http://marcas.impi.gob.mx
    (access subject to payment)

    New Zealand
    http://www.iponz.govt.nz/search/cad/dbssiten.main

    Poland
    http://www.uprp.pl/patentwebaccess/databasechoose.aspx?language=english

    Republic of Korea
    http://kipricd2.kipris.or.kr/eng/

    Russian Federation
    http://www.fips.ru/ensite/dbs/dbs.htm

    Slovakia
    http://www.upv.sk

    Slovenia
    http://www2.uil-sipo.si/dse.htm

    Spain
    http://www.oepm.es/

    Sweden
    http://www.prv.se/eng/trademarks/index_rseng.html

    Switzerland https://www.swissreg.ch/srclient/faces/jsp/start.jsp

    United Kingdom
    http://www.patent.gov.uk/tm.htm

    United States of America
    http://www.uspto.gov/main/trademarks.htm

    I searched online for countless hours to locate the online trademark databases of different countries. Just a thought that i could share my findings with DP people.

    Any compliments much appreciated :) as it would encourage me to work more.
     
    olddocks, Jul 31, 2007 IP
    htmlindex, pn21, tkilgore and 2 others like this.
  2. admans

    admans Peon

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    #2
    Nice article. Great info...keep it up
     
    admans, Jul 31, 2007 IP
  3. Dave Zan

    Dave Zan Well-Known Member

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    #3
    Nice article. But just an extra note that trademark registration is not needed if
    one can demonstrate common law trademark rights.

    Okay, an extra extra note: a few attorneys I know who specialize in this sort
    of thing tell me the "best" trademark search engine is the big G itself.
     
    Dave Zan, Jul 31, 2007 IP
    olddocks likes this.
  4. olddocks

    olddocks Notable Member

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    #4
    Interesting point you made. can you shed more light on this? does that mean i dont have to spend $$$ to register for trademark.
     
    olddocks, Jul 31, 2007 IP
  5. Apartment

    Apartment Peon

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    #5
    Damn... Headache comes.....
     
    Apartment, Jul 31, 2007 IP
  6. dollarman2007

    dollarman2007 Banned

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    #6
    Keep checking trademarks and in the meantime someone snatches your domain
     
    dollarman2007, Aug 1, 2007 IP
  7. olddocks

    olddocks Notable Member

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    #7
    lol :) i read this somewhere, mate
     
    olddocks, Aug 1, 2007 IP
  8. tkilgore

    tkilgore Well-Known Member

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    #8
    Great Info :) The subject always comes up of trademark .. gave ya a rep :)
     
    tkilgore, Aug 1, 2007 IP
  9. BrianJump

    BrianJump Active Member

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    #9
    ..or, just register generic names...ie monstertrucks.com, fastmountainbikes.com,
    etc etc.
     
    BrianJump, Aug 1, 2007 IP
  10. htmlindex

    htmlindex Prominent Member

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    #10
    Thanks for sharing this info on trademarks, gave you some green
     
    htmlindex, Aug 2, 2007 IP
  11. Dave Zan

    Dave Zan Well-Known Member

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    #11
    Google "common law trademark". And this:

    http://www.uspto.gov/web/offices/tac/tmfaq.htm#Basic001

     
    Dave Zan, Aug 2, 2007 IP
  12. dober

    dober Member

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    #12
    very helpfull thank you
     
    dober, Aug 2, 2007 IP
  13. scoopy82

    scoopy82 Active Member

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    #13
    eh... like "windows" ? lol
     
    scoopy82, Aug 2, 2007 IP
  14. olddocks

    olddocks Notable Member

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    #14
    Dont think that if trademark is not registered in your country you can take advantage and misuse the trademark. Its a wrong idea. As far as i remember there is a madrid convention and if our country is a member then the TM rights automatically applicable in all member countries of madrid convention.

    This is my understanding, but again i may be wrong.
     
    olddocks, Aug 4, 2007 IP
  15. OMI

    OMI Peon

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    #15
    Checking for a TM also depends on what you want to do with the domain name. Just have some common sense about it and you should be fine.
     
    OMI, Aug 4, 2007 IP
  16. BrianJump

    BrianJump Active Member

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    #16
    Common sense is a trait we all need to use occasionally...I know your j/k'ing, but you could use windows....(if by god it was available) but consider modifying it, like customwindows, qualitywindows, windowrestoration etc etc.

    People generally dont talk about it, but it seems that most dont want more than two words in a .com....if you go to three :eek:(such as verynicewindows.com) you will significantly lose value and brandability...
     
    BrianJump, Aug 4, 2007 IP
  17. thevirus

    thevirus Active Member

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    #17
    I never knew you couldnt register or name your website something because it is trademarked...
     
    thevirus, Aug 4, 2007 IP
  18. olddocks

    olddocks Notable Member

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    #18
    Imagine once you have developed your business and then somebody claims they want your domain because they are trademark owners. It is good to know something that knowing nothing.
     
    olddocks, Aug 5, 2007 IP
  19. novada

    novada Active Member

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    #19
    Awesome post! Thanks for the information. Rep Given.
     
    novada, Aug 8, 2007 IP