In January (this year), I was trying to decide on a domain name to purchase... I couldn't think of one so I tried some random word generators and finally found a name I liked. Did a quick search of google for web results and news group results and came up with about 659 hits, mainly on sites in foreign languages. I didn't check every single result but I guess I should have. So I asked some of my friends, from relevant countries, if they'd heard of this word before. None had so I thought it was just a nickname or regional slang, so I then went ahead and purchased the domain. What I failed to do though is check if it's a registered trademark. Recently, after reading a lot about trademarks I looked into registering trademarks in the UK. Out of curiousity I search for the domain name I'd registered. Well, I found that the name I'd chosen is already registered as a trademark. It's to do with a colour for their body piercing jewellery (far from the topic I've chosen for my site - just a blog for Linux hints/tips and reviews of my favourite movies/tv shows/books/music ... no of much interest to anyone except myself, I guess). The spelling used in the trademark registration is the same as the spelling I used, however the pronunciation is very different and often the word uses a hyphen in it. The person is using it as an abbreviation for two words, and the hyphen separates the two abbreviations: the first part is a 2 letter symbol for a metallic element and the second part is the first 3 letters of a 4 letter noun and the first letter of both abbreviations is capitalised. When searching the trademark database for the hyphenated version of the word, it shows the same result (i.e. registration for the unhyphenated version). I'm not sure what to do. I like the name a lot and would prefer to keep it, but on the other hand I don't want any legal problems or steal someone's trademark. So, if by law I should hand over the domain names (I registered .com, .net and .co.uk) then I don't mind doing that. I'd appreciate any advice... Thank you.
Is the domain name exact as the registered mark? If they registered "Am-South" and you registered "AmSouth" it could fall under the "confusingly similar" mark area..... but if you registered only part "Am" or "South" you should be okay, but keep in mind I am no lawyer..
I know quite a bit about US trademark law, and trademarks are granted by classification - so when you register, you choose at least one classification (i.e. jewelry) and you then have rights to use that name as it relates to jewelry. (There are over 40 different classifications of trademarks usages, and some companies (like IBM) register in all 40 classifications to have broad protection.) If you file in the jewelry classification, it doesn't protect against someone using the exact name for a company that sells computer parts etc. (there are several trademarks on "MySpace" by different owners, different usages) If it is a completely unrelated classification, then you should be ok - also keep in mind that you do not have to register a name to have rights to a name. The first to use is the rights holder. This non-registration requirement makes looking for prior usage difficult. You need to make sure no one is using the name you are using for a similar usage - including a mom and pop business operating out of their house with no business phone number. Before you register a trademark, it is advised to pay $200 to $300 to a company that specializes in searches for prior usage. They go through public records, phone books, etc looking for possible prior usage. Even this is not 100% and someone can always come forward and claim they were using the name before you (of course they need to prove it). From what you have said, it would seem that your usage does not conflict with the trademark holder and would not be infringement. Of course, anyone can claim that your usage is riding their goodwill. For a few hundred dollars you could get an opinion from an attorney who specializes in intellectual property rights - which is something I would do before dumping a lot of money into branding the name you are using to prevent losing it down the road.
Thank you! I over-looked this earlier. It appears to be the same here [the UK] and the individual has limited it to Jewellery, it seems. It's tiglo.com. The individual who registered his/her jewellery colouring trademark meant it as in Titanium Glow (Ti-Glo).