Hi all, I've decided to start a small business selling Jewelry and I've come up with a business name called "Chantique Jewelry" however, while searching on google, I found this site: http://jewelry.zibb.com/trademark/chantique/29790266 Which says the name "Chantique" is trademarked. Would I be okay if I still use this name?
No, you would not be "okay" to use the name. They have the trademark on it and are using it in the exact field you seek to use it for. Pick a new name.
Of course, it just like you want to name your drink cocola or pepsi. You have to find a name that hasn't been registered. You don't want to get in trouble, i bet.
Thanks everyone for your replies. So I guess I am just unlucky, after I have purchased the domains etc... under this name. I guess I will try think of a new name then and see if I can get a refund.
They should give you a refund if not then send them a notice that if they do not refund you then you will contact the trademark owner for selling you a trademark name
Im nuts? Send the notice and find out then The OP has a case that the seller of this domain which has a trademark attached to its name has financially benefited.
Yes, you are nuts if you think the seller of a domain has any obligation to make sure the buyer intends to use it in a non-ingfringing manner. First of all, even a trademarked term could be legally used by other people. It would depend on the exact usage and that is something no domain seller is responsible for. So even though "Apple" is a trademarked term, I could easily buy and use the domain Apple.com if it were available. Likewise, if someone wanted to use the "Chantique" name for something unrelated to jewelry there would be no problem. So the domain seller has almost no way to know that a buyer's intended use could cause a problem, even if they wanted to. Second, every registrar that I have seen specifically mentions this issue in their terms of service and thus under the contract you have with them they have no obligation. Basically, your theory is a loser. But please, cite us ANY authority to support your position. I am curious as to your reasoning. Why would you think it is the legal obligation of a domain seller to not only inquire what the intended use of a domain will be, but also to do research and see if there are any existing prior uses that may cause a conflict. Simply, there is no obligation, legal or otherwise, for a domain seller to undertake that oblation. You suggestion that they send a threatening letter is silly and pointless.
Define that please, although the law I quoted above gave you one answer. Besides...if the OP registered the domain name through an actual registrar, they're no stranger to these things. Doing what you suggested might work with a reseller, but not with a reputable registrar for the reasons browntwn explained...and a whole lot more. If I bought a gun through your store, will you refund me if it turns out I can't have one without a license?
That section does not support your claim at all anyway. It deals with the potential liability to the actual trademark owner, not to the buyer of the trademarked name.