I recently registered a domain name for my sports blog. In order to check whether the blog has been indexed or not, I did a google search and found that there was a feature column/mini-blog of the same name with a big website. I also found that there was a twitter handle (is that what it is called???) and a Facebook page of the same name...however the column/mini-blog had not been updated for some time now (i think around 6 months) and it has also been removed from the list of columns/mini-blogs that the site runs. There were also no trademark/copyright disclaimers at the end of each post. Now I know that I should have done my homework more thoroughly but I did search it on the trademarks database and found that it was not registered. However before I fully commit to that blog, I would like to know whether it is ok to use it or should I be simply starting a new blog?
You can register the trademark if it's available. Make sure it's not just an inactive registered trademark. Anyone could still have a claim to a trademark even if it's not registered. Best thing to do is consult with a trademark lawyer. My advice to you is not legal advice as I'm not a lawyer. Also, the information I just gave you applies to the USA -- I'm not at all familiar with trademark info applicable to any other country.
I've researched this before and what I found out is that you can register a similar name trademark as long you both are not in the same industry. i.e. You can register an "Apple" trademark if your company deals with fruits. Not a lawyer either.
Well, I'm not a lawyer, but I do have some experience with trademarks, as our company holds 2 registered trademarks in the United States. I can tell you that it would be highly unlikely to get a similar mark past the USPTO examining attorneys. They do a pretty good job of preventing that from happening as they know that similar marks often end up in disputes. I wouldn't test Apple with that fruit example, btw, lol. You can always opt to use an non-registered trademark, however, you have no claim to use it nationally -- you'd be limited to you particular geographic area. For example: You claim (non-registered) rights to "Red Apple Fruit Market" and your business is located in Chicago. You would most likely be able to claim trademark rights in that area. However, if there's a "Red Apple Fruit Market" located in Los Angeles, you probably could not get them to stop using the mark. If you have a registered trademark, you would have national claim to the mark. Again, consult with a trademark attorney to get the best answers about trademarks.
http://tess2.uspto.gov/bin/gate.exe?f=tess&state=4806:26vvyj.1.1 "basic word mark search" will spit out the results you are looking for. hope that helps, Nigel
Thanks for the reply..I did check the uspto site earlier but did not find the exact string/word that I was looking for...decided simply to switch to a new name rather than letting all the work go to waste in case someone came up with any objection later on
Wrong, you can register a domain name based on a trademark, if you do not sell same products or services, nothing can be done against you, dozens of jugement proof on internet I used to have a domain name called twinpods, was doing some advertising stuff, I have been contacted by a company call twinpod as they asked me to hang out my domain name to them, they are dealing with medical stuff. Well, I waited for nearly 2 years for them to come up with an attorney and they never did since they could not do anything against me and my business. Anyway, it's all down to court to judge if yo have break any trademark rule read: candyland.com: Both Hasbro and an adult entertainment provider desired the candyland.com domain name. Hasbro was too late to register the name itself, but it is never too late to sue (well, almost never). The domain name is now safely in the hands of Hasbro. mcdonalds.com: This domain name was taken by an author from Wired magazine who was writing a story on the value of domain names. In his article, the author requested that people contact him at with suggestions of what to do with the domain name. In exchange for returning the domain name to McDonalds, the author convinced the company to make a charitable contribution. micros0ft.com: The company Zero Micro Software obtained a registration for micros0ft.com (with a zero in place of the second 'o'), but the registration was suspended after Microsoft filed a protest. When the domain name went abandoned for non-payment of fees, the domain name was picked up by someone else: Vision Enterprises of Roanoke, TX mtv.com: The MTV domain name was originally taken by MTV video jockey Adam Curry. Although MTV originally showed little interest in the domain name or the Internet, when Adam Curry left MTV the company wanted to control the domain name. After a federal court action was brought, the dispute settled out of court. peta.org: An organization entitled "People Eating Tasty Animals" obtained the peta.org domain name, much to the disgust of the better know People for the Ethical Treatment of Animals. This domain name was suspended, but as of May 2000 the domain name was still registered in the name of People Eating Tasty Animals. roadrunner.com: When NSI threatened to suspend the roadrunner.com domain name after a protest by Warner Brothers, the New Mexico Internet access provider who was using the domain name filed suit to prevent the suspension. Although the access provider was able to prevent the suspension, a joint venture company involving Time Warner, MediaOne, Microsoft, Compaq, and Advance/Newhouse eventually obtained the domain name. taiwan.com: The mainland China news organization Xinhua was allowed to register the domain name taiwan.com, much to the disgust of the government of Taiwan. A question asked Is the domain name holder attempting to divert consumers from the trademark owner's web site in a confusing way, either for commercial gain or in an attempt to tarnish or disparage the trademark mark? source http://www.bitlaw.com/internet/domain.html