Here are 2 useful links to verify trademarks... good for verifying a domain name idea before registering it: USA:http://www.uspto.gov/main/trademarks.htm and go to "search" International: http://www.wipo.int/ipdl/en/search/madrid/search-struct.jsp very useful! - just do a search for "Google" (Mark field) and see yourself By using these links we can avoid so many unpleasant cases. And if you ever receive a complaint you can check if it is real. PS: if it was posted before please excuse me
It's a good place to start, but remember that trademarks do not need to be registered to be valid - so if nothing shows up, it doesn't mean it isn't a trademark - just that it isn't registered. Similar, phonetic, and misspelling can all be trademark infringement, so that is why a good trademark search will run a few hundred dollars.
how can a trademark be valid if it isn't registered? ok..bluemouse is not a trademark but I will sue anyone using it found this: So what I understand is that you have to actually use and register your trademark. Opinions please. Thank you.
Look up common law trademark, albeit that's more challenging to demonstrate than a registered one. Moreover, USPTO is not the only trademark database in the world. Neither do trademarks exist only in the U.S. Probably the so-called closest thing to the most comprehensive TM search is Google, as some TM lawyers tell me. But of course, they recommend doing the most exhaustive search you can possibly do.
plus some luck I'd say however any respectable company should appear in those databases; and the more respectable it is, the more trouble it can cause you
The simple point you are being told is that you cannot assume that because a mark is not in the registry that it is okay to use. One must also do a diligent search to see if anyone is using the mark who may have superior common law rights to the mark. Telling others that a mark must or should be in the directory of registered marks is both mistaken and misleading.
I'd like the point of a professional please. If you want to protect your trademark then register it...
I've done my own case study and I've found 3-4 websites using similar names and domain names (same niche, different owners, the name difference is so small that is almost nonexistent). All of them seem to live in peace. So yes, anything is possible, in both ways.
There may be 3-4 websites, but only one has first usage trademark rights. You may never have a problem, but you are putting yourself at risk if you weren't the first person to use, and continuously use, a mark for a particular usage. The small-timer can get big - and that is when they hire an intellectual property rights firm to go after your site. The first thing that will likely do is file for a registration of their mark. They will use their date of first usage on the application - even if it was 10 years ago. Another event that can occur is that a large company decides they want a particular mark or domain. They will research for prior usage and find some little nothing site that has been up for years. They will buy a few of them with similar wording and usage (doesn't have to be exact) and acquire the associated goodwill along with the domain. They might not even have enough to win a trademark lawsuit, but they have a valid argument - one they will use to take your domain because you don't feel like spending hundreds of thousands, perhaps more, proving rights to your mark. There aren't many domains worth spending hundreds of thousands to keep - especially when you consider that if you win, the judge is unlikely to award you anything in the way of damages or attorney fees. These scenarios have happened - and will continue to happen at an accelerated pace. Spending a few hundred dollars for a trademark search can avoid 90% of the risk. If it is a site you are going to put a lot of time and effort into - it's a very small price to pay.