Let's say I have a domain name, such as "microsofttalk.com" (no I don't own that). I know MS is a TM'd name, but if the site was just a forum, didn't use any TM images, and stated in numerous places that it is NON OFFICIAL and not associated, etc, would I be OK? I know this all depends on the company, but what would happen is they would first contact me and either tell me to shut down, give it to them, or get a new domain name, correct? My site is a forum, and I have stated in the footer, in the registration agreement, and in the title bar on the browser that it is non official. It is not derogatory, the company just doesn't have a forum. I mean, there are thousands of sites that technically infringe on TM's such as any site with the word "ipod" in it or "xbox". I know that's not an excuse but you know what I mean.
If the term is not trademarked - no problem what-so-ever. If the term is trademarked - you may still be able to use -- it all depends if the company views your domain as diluting the value of their marks... if you actually 'aid good exposure' of their marks they may allow you to use... BUT the ball will be in their court and in the future when you're worth the effort they can always claim dilution and steal your idea AND get you to pay for it.
You'll most probably be allowed to use the site as a forum because you're helping microsoft users. Unless its a forum where people do illegal activites that hurts microsoft, thats when they'll do something. But like fathom said, the ball is in their court, and they can get you into court anytime they want.
It's not Microsoft, I was just using that company as merely an example. Yes the acronym is TM'd, but it's just a forum to talk, nothing negative at all. I have sent a letter about 2 months ago to their legal dept. asking if I could and they never responded. If they have a problem, they'll just end up telling me to take it down or change domain (I assume). I'm not really worried about it, just was curious what you all thought.
Just a suggestion: see if their site contains a link on how to use their marks. Microsoft has one. Especially if the forum has no hints of commercial use along with what you've stated, it's definitely okay. Of course, expect the worst as fathom said.
That's good advice--Apple has such a policy too. Some of the responders are mistaken, or possibly mistaken, that a term must be "trademarked" to be a trademark--that's a commonly held myth. First of all, lawyers don't use "trademark" as a verb, they use "register" as a verb, as in register a mark. Trademark rights spring from "use in commerce" and not from registration. Registration offers substantial benefits to applicants such as expanding the regional reach of a mark, putting subsequent users on notice of the mark, and establishing a solid case of ownership. Nevertheless, it is "use in commerce" that establishes the mark, not registration. I am a multi-published author on legal topics and I wrote an article here which is a good intro to trademarks.
Exactly. Of course, it can't be helped some people use the word trademark as a verb for a shortcut. To give an example what thundercow explained, if I use the word Orange for marketing vacuum cleaners (Orange vacuum cleaners with the word Orange stamped in each one), then I already have a trademark. The question, then, is how to demonstrate when you first started using it as such. Answering that question is where registration (or filing an application hoping it will be granted trademark status) comes in.
I think your pretty much safe with the word Xbox, microsoft even has a friends of Xbox page dedicated to quite a few big Xbox websites http://www.xbox.com/en-US/games/friendsofxbox/default.htm