how to know if already registered?

Discussion in 'Legal Issues' started by JEET, Jun 25, 2006.

  1. #1
    Hi,
    How can I know if the company name I want is already registered? I see a domain name in that name but It doesn't look like it will be a registered company name holding the domain.
    (They only have .com extension and the rest all are open for registration.)
    I have been looking for patent search in google but have not found anything useful from where I can find out if a name is already a trademark or not.
    Any help is deeply appreciated.
    Thank you.
     
    JEET, Jun 25, 2006 IP
  2. Leo727

    Leo727 Active Member

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  3. JEET

    JEET Notable Member

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    #3
    Hi,
    Thanks for that link.

    -- editted--
    That name is registered in USA. Can I get a similar (not exact) name in India? Would that be legal?
    -- edit end--

    I came across that site while searching but didn't understand what to do in order to search there.
    Your link gave an idea.
    Here's what I found:
    10 records for that name I want. (example= xyz)
    Each of them has that name somewhere in the trademark. like ( asd xyz, hgh xyz sd...)
    Thanks for that link.
     
    JEET, Jun 25, 2006 IP
  4. mjewel

    mjewel Prominent Member

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    #4
    There is no way to answer your question without knowing the exact phrase - and you should really get legal advice. In the US, they have "common law" trademarks which means you don't even need to register a trademark to have rights to it - you just have to be the first person to use it, for that particular use.

    It will also depend on what you intend to use the name for - i.e. is it a site that is similar to an existing usage? Trademarks are given by classification.

    Generally speaking, you want to stay away from trying to use a domain name of a trademark that will have a similar usage. You can't add words to a trademark like google - i.e. "MyGoogle" and change the TLD - it's still going to be infringement.
     
    mjewel, Jun 25, 2006 IP
  5. JEET

    JEET Notable Member

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    #5
    Ok thanks. I will consult a lawyer on this.
    Thank you.
    Best wishes
    jeet
     
    JEET, Jun 26, 2006 IP