TM sites question

Discussion in 'Legal Issues' started by dlatua, Dec 13, 2008.

  1. #1
    are these sites TM?

    web. com
    wap. com
    biz. com

    or any site similar with these?

    also how can I check for TM sites?

    thanks in advance :)
     
    dlatua, Dec 13, 2008 IP
  2. dlatua

    dlatua Notable Member

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    #2
    friendly bump for this thread :)
     
    dlatua, Dec 14, 2008 IP
  3. dlatua

    dlatua Notable Member

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    #3
    is this a hard question? :|
     
    dlatua, Dec 14, 2008 IP
  4. SiNToXx

    SiNToXx Guest

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    #4
    No not a hard question at all, just scroll down to the end of the page and look for a TM thats all, if its not there chances are its not TM.
     
    SiNToXx, Dec 14, 2008 IP
  5. Nonny

    Nonny Notable Member

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    #5
    Actually i don't believe there is a requirement that there be a trademark notice on a web site if the domain name (or business name) is trademarked. If you want to know what trademarks have been registered in the US, you can do a search at the Patent and Trademark Office:

    http://tess2.uspto.gov/bin/gate.exe?f=tess&state=q6p7s1.1.1
     
    Nonny, Dec 14, 2008 IP
  6. Dave Zan

    Dave Zan Well-Known Member

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    #6
    Unfortunately that's correct. None of the lawyers I know have yet to tell me
    of any jurisdiction (by far) that requires putting anything on a word used as a
    trademark, be it TM or SM for service mark.

    Heck, the USPTO isn't the only online trademark database in the world, and it
    doesn't cover common law trademarks either. One would have to make like an
    exhaustive search, although one can do well to possibly stay away from what
    I call "uniquely famous" marks like Google, Microsoft, or a big pharmaceutical
    company.
     
    Dave Zan, Dec 14, 2008 IP
  7. dlatua

    dlatua Notable Member

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    #7
    I used USPTO and got these results
    for biz. com
    Sorry, no results found for ""biz.com"". Try entering fewer or broader query terms.

    wap. com
    Sorry, no results found for ""wap.com"". Try entering fewer or broader query terms.

    and for web.com got 3 results, but I' not sure if they are for web. com only

    thanks for your replies
     
    dlatua, Dec 14, 2008 IP
  8. Dave Zan

    Dave Zan Well-Known Member

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    #8
    All right, dlatua, try this instead. Search in Google for "word trademark", word
    being the word or so in question.

    Let me emphasize it's not authoritative or exhaustive, but it should give you a
    few results to work with.

    Oh, and web.com (or web, not sure) is a trademark.
     
    Dave Zan, Dec 14, 2008 IP
  9. dlatua

    dlatua Notable Member

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    #9
    hello mate

    I wasn't so lucky in my search :(

    after my searches seems web. com is TM biz. com no TM and wap. com no TM
     
    dlatua, Dec 15, 2008 IP
  10. Nonny

    Nonny Notable Member

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    #10
    Actually, your search just looked at registered trademarks. It is possible that wap.com and biz.com could be common law trademarks. More info:
    http://www.uspto.gov/web/offices/tac/tmfaq.htm#Search005

    And that's just in the US. Trademarks are geographical, so a company name that is not trademarked in the US, might be trademarked in the UK or Australia or elsewhere in the world.

    If it's important to your business to find out for absolutely certain, you might want to hire an attorney with expertise in trademarks to do a comprehensive search for you.

    And just to point out the trickiness of searching, you should have gotten a hit for "wap.com" as a US Trademark when searching TESS (http://www.uspto.gov/ebc/index_tm.html):
    You should have also gotten a hit for "biz.com", which was registered but is now abandoned.
     
    Nonny, Dec 15, 2008 IP
  11. dlatua

    dlatua Notable Member

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    #11
    thanks a lot :)

    so my other question is if I reg web.whatever or wap.whatever or biz.whatever are TM issues ?
     
    dlatua, Dec 15, 2008 IP
  12. Nonny

    Nonny Notable Member

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    #12
    Yes there would potentially be trademark issues. It depends in part on how you use the name - is there a "likelihood of confusion" with the trademark holder?
     
    Nonny, Dec 16, 2008 IP
  13. dlatua

    dlatua Notable Member

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    #13
    well about web and biz I was thinking for sites like co. cc and about wap.whatever just to sell it :p but as thy are TM I cant sell any of them

    thanks
     
    dlatua, Dec 16, 2008 IP
  14. hostlonestar

    hostlonestar Peon

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    #14
    You can not purchase a domain for the sole reason of selling it, if it is trademarked, as that is a bad faith purchase.
     
    hostlonestar, Dec 17, 2008 IP
  15. dlatua

    dlatua Notable Member

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    #15
    thats tha domainers job (buy and sell domains) lol
    TM domains cant be sold (TM issues)

    P.S. I searched again and it looks biz. com was a TM but not anymore, is that possible?
     
    dlatua, Dec 17, 2008 IP