Somebody is selling a .com domain name that I wish to purchase. However, while searching the name in Google, multiple websites are already using this name with different extensions (i.e. "name.ee", "name.com.kr", "name.co.uk"). I ran a trademark search via USPTO.gov in and discovered that the name in question has NOT been trademarked in any country. So does this mean it is safe to use? If I use the .com version, are there any potential legal issues I might run into? Thanks in advance.
As stated in the original post, the name in question has NOT been trademarked in ANY country. There are no trademarks registered for the name.
oh, sorry i read that you found it is registered trademark.. Well, when there is no trademark i don't see a problem to acquire the .com , it doesn't matter that there are other extentions registered..
If it has not been trademarked then you should be safe. If you want to cover yourself 100% why don't you buy the .com and trademark it yourself? Then you own it.
Isn't as cut dry as that sadly. Just because someone has not trademarked it does not mean you will get into any legal issues if you are doing something someone else is with the same name. I am assuming you live within the United States and they have something called "assumed name". This often is a name of a company, trading name or what not and often covers every box needed in order for it to become a trade mark. If you are going to use the domain for something not related to the stuff the other domains are being used for (without knowing the domain, I simply can not comment) Then you will be fine. If you are using the domain name to do exactly the same as the other domains are doing, I would keep an eye out and be careful.
A couple things to note. First, a search of USPTO.gov is not going to tell you that a name is not trademarked in "any" country as you stated, it is only a database of US registered trademarks. Second, a trademark does not even need to be registered to be valid and offer protection. So, that being said, if you have searched the name in question and it does not appear that you intended use of the domain conflicts with any of the people already using the name, you are probably okay. If your intended use is similar to someone already using the name then you might have a problem. Without knowing the specific domain, and how generic or unique it is, it would be hard for anyone to offer you more specific guidance.
if you need help about Estonia then you will check info about your chosen trademark and how to protect that . http://www.epa.ee/client/default.asp?wa_id=438&wa_id_key= Code (markup):
it's safe, keep screenshots from USPTO.gov tracking, and register the name as a formal business in your country. good luck