if my product is called "example.com" and there already is a similar product called just "example" (note it has no .com its name is just example) and the website is example.co.uk (but not in use any more) what would be the best way to go about this situation? the domain is really good i would like to use it a lot...it consists of 2 short non patentable names (for example: hot shot) ... how about this? - i use the domain www.example.com just as my home page! not the product name! i would clearly state on my website that my product is called "product v1.1"? is a UK patent/copyright valid worldwide?
just to further clarify the situation: -my current website: example.com my product name: product v1.1 -competitors website: example.co.uk competitors product name: example competitors web site down for more than a year competitor registered before me but only .co.uk
First, it is not patent or copyright it is trademark. Second, are the products/services similar? If not, then there should be no issue. If they are, then you could run into problems. Will you? The only way to be sure would be to contact the owner of the site that has been down (just because the site is down does not mean they are not using the term in the offline world). Of course, by contacting them you alert them to a potential issue. Is a UK trademark recognized world wide? Yes and no. There are a lot of factors to get into, but before that lets look at whether the products are similar or competing. Are they?
they are the same product... i have been developing it more than he has but he named it before i did... thanks for the info...much obliged...
You could trademark exmple.com but you couldn't trademark just example on it's own of that's what you mean?
Domain names per se don't necessarily infringe on trademarks by name alone. A variety of factors may be needed, such as the word being unique (like xerox and kodak) or the domain name's web site is commercially riding off a mark. Trademarks essentially limit one's ability to commercially maximize the domain name they possess. Try not to use it in such a way that users will likely think your domain name is associated with the mark in question, especially if they're able to demonstrate use in commerce before you for the same or similar thing.
sorry if this sounds stupid but i have to know... it seems that "example" is not trademarked at all... if i trademark "example" and "example.com" am i in the clear? if so my obvious next question would be wheres the best place to trademark internationally? thanks!
Since they are the same product, the domain tld makes no difference. Whomever used the name first, in the same classification, likely established common law trademark rights. You can't run out and get a trademark if someone else was already using the name first (first usage) for the same or similar usage. A trademark on "example" would cover the .com. You could actually file for a Federal Registration (US) but the person who had used it first has approximately 6 years to contest your claim, and if they can prove they were the first to use it, your application would be rejected. Even if they didn't contest the filing, you couldn't stop them from using it. You are looking at spending thousands of dollars for an International registration, and waiting 6 years hoping they wouldn't object isn't something I would want to do. Without knowing the exact name, it is impossible to say for certain if it is able to be trademarked - but if it is eligible, and the other person used it first, you should find another name. You should really consider finding an attorney that specializes in trademarks (intellectual property rights) and pay for an hour of their time to give you an educated opinion. From what little you have posted, it sounds like the other person has rights that predate your usage.
thanks for all the input it means a lot... the other guy apparently did not register the trade mark he only uses the name and HAD an operational .co.uk website . ill see what i can do about being the first person to register the actual trademark. thanks again.
Just so you understand, he doesn't need to register the mark to have rights to the name. He only had to be the first one to use it. Just be sure to talk to an attorney before you waste a lot of money.