Let's say you've registered a generic domain name - like radioalarmclock.com - this is just an example Let's say someone else sells a software called "Radio Alarm Clock" - this is just an example! Is the owner of the .com domain safe? Since "radio alarm clock" is a generic name can this turn into a copyright dispute? as far as I know "It is not possible to register as a trademark a term that is generic " - does this still apply in this case? Thanks.
There's really no surefire answer to your question. If anything a few answers can be made after understanding a few things. First, any so-called generic, dictionary or common word really can become a trademark. Shell and Head and Shoulders are generic for the mollusk and a person who's considered above the rest, yet they're trademarks for petroleum and shampoo. Next, the owner of the domain name-sake can become safe if how s/he intends to use the domain name doesn't possibly do what's called likelihood of confusion. That's where users who visit the site won't likely confuse it with its trademark-sake. As another example, Windows is a generic word. Yet it's also used as a trademark for a certain softaware. If you register WindowsCleaners dot tld to sell a service that's got nothing to do with Microsoft's Windows software, then it might be okay. If you used that domain to sell some kind of software, that's not okay. Ultimately, whether it's "safe" to register a domain bearing a generic or dictionary word also used as a trademark is going to depend on a variety of things. Especially what you intend to do with it.
thank you for your answer in this case a radio alarm clock is what it is - a radio alarm clock and can't mean or be used for something else - it's general and specific - need other opinions as well - thanks what I understand is that you can't trademark "radio alarm clock" if you sell radio alarm clocks - but maybe you could trademark it if you sell boats called that way...am I right or not? thanks
Really? I can name my band "Radio Alarm Clock" and obtain a trademark for exclusive rights in that area. But, as simple radio alarm clock, it is generic, but that does not mean it is for all purposes. You need to open your mind to the various possibilities.
you are right - it can be registered as band but I want to know when we talk about what it really is If you can't register "radio alarm clock" when we talk about the electronic/software device that has a clock, a radio and an alarm this is enough for me. Thanks. Or can I trademark "domain name registrant" to register domain names or "bread maker machine" to sell bread? I don't think so - but please let me know.
True, you can't use a common word as a trademark in its generic/descriptive sense. In your example, you can't use Radio Alarm Clock as a trademark to sell radio alarm clocks. However, that can still be a trademark if used in a distinctive manner instead. Using browntwn's example, Radio Alarm Clock can be a trademark for a band. Going back to your example, it's hard if not impossible to say without knowing full specifics. But generally, again, you can't use a common word as a mark in its dictionary or "common" meaning.