Business Forums UK

Hi all,

After your opinions on the following domain names;

BusinessForumUK.com
BusinessForumUK.co.uk
BusinessForumsUK.com
BusinessForumsUK.co.uk

More interested in the legal side of using them as there is already a well established forum running called UKBusinessForums.co.uk, which is also a Limited company in the UK trading as UK Business Forums Limited.

Thanks in advance,
Greg

 

I think xx range. for first two domains.

 

Thanks for your reply
Does anyone else have any opinions on these?

Thanks

 

I like BusinessForumsUK.co.uk

Defo get some legal advice on this but depending on how you intend to use the domain name, it may be different to what you want to use it for therefore it should be OK to use. Get advice.

 

Thanks coco275.
I'll seek some advice on this issue then.

 

I think you will definitely have trademark issues by using this name

 

Hi dman_2007,

Thats the reply I expected, no plans to use them so will probably just leave to expire,

Thanks

 

You can use the names for internet forums. Unless there is a definite Trademark issue - and I doubt there is - the names can be used without worrying about it. One thing people often forget is that you CANNOT Trademark an internet url. You can Trademark a name, like 'Myspace', but not 'myspace.com'.

 

Thanks mcfox,

I never knew that! It makes sense when you put it like that, so unless its a registered trademark they should be ok to use?

Thanks

 

They should be fine to use. You can run a Trademark search but even if one exists (I doubt it does) it wouldn't take Einstein to come up with a suitable company / Trademark / trading name that wouldn't infringe on it. It's wide open.

 

Actually, your statement is false You can trademark a URL/Domain Name.

1-800-flowers.com is a trademark. And in the CTM Database, there are over 3597 (it won't display anymore then that) .COM Domains Trademarked Now, the other comment would be whether trademarking a domain name would actually make a difference in a WIPO/UDRP/Legal Case

 

Beginning to think this thread might have been more appropriate in the Legal section now!

 

Sorry, you're incorrect.

If you check the Trademarks carefully you will discover what is Trademarked are things like the logo design, etc.

E.g. The colors purple and green are claimed as a feature of the mark. The mark consists of the phrase 1-800-FLOWERS.COM in which "1-800-" appears in the color green, the word "FLOWERS" appears in the color purple, and ".COM" appears in the color green. The mark further consists of the representation of a tulip having a green stem and purple petals "sprouting" from the period (".") between "FLOWERS" and "COM".

 

Thanks for clearing that up mcfox, I see you're based in Scotland, are there different trademark laws for the UK and USA? If it was a site that was not for profit, would that avoid any potential problems/issues? Thanks.

EDIT: Sorry... Sunny Scotland

 

Corrrect, the colors of the logo are. But there are word marks as well for domains. CTM Trademark: 002249795 for 1-800-FLOWERS.COM is a word mark. Thus, the domain name is trademarked. I've had clients of mine win WIPO/UDRP cases based on having a word mark for a Domain Name.

There are literally hundres of WORD marks for Domain Names in the CTM Database. Another example of a domain name being trademark'ed is PORN.COM in the CTM Database. Another word mark.

Now, this is the CTM Database. I don't know if the USPTO or country patent offices allow this type of TM Registration

EDIT: Did some research. USPTO allows domains to be submitted as trademark. Article can be found at: http://www.uspto.gov/go/tac/notices/guide299.htm and states that:

" Applications for registration of marks consisting of domain names are subject to the same requirements as all other applications for federal trademark registration. This Examination Guide identifies and discusses some of the issues that commonly arise in the examination of domain name mark applications. " --

The gist of registering a domain name as a trademark is that the domain name must be more then simply a web location or e-mail address. It must be physically tied into the business such as business name etc..

 

Yes, but it's impossible to Trademark the word / letter combo, '.com' therefore any Trademark using it and claiming it as 'theirs' is over-reaching, surely?

 

I can't disagree with that statement at all. Though like I said earlier, we had a client of ours win a dispute with a TM for a Word Mark that was a domain. It really would, I imagine, come down to a case-by-case basis when it comes to TM word marks that are domains.

It would be easier for TM Offices to simply not allow word marks consisting of '.com' or other extensions entirely.