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trademark question

ok, i'm negotiating buying a couple unused domains, and i just ran into an issue i'm not too sure about.

the domains in question are not being used, neither is the plural .com, however the plural .net is being used, for a site that would be in direct competition.

if i purchased the .com non-plural domain, and the intent was to call the site that, would i be in trademark violation with the person using the plural.net domain?

i would kinda think not, but i figured i'd ask.

http://www.uspto.gov

Go find out if the domain is Trademarked.

If not, I say its fair game :thumbsup

Regards,

Lee

Quote:

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looks good so far... but does this also mean that i can't trademark, because there already is an untrademarked presence?

thanks for the info, i wouldn't have thought of that for some dumb reason :)

hrmm...

Quote:

Is registration of my mark required?
No. You can establish rights in a mark based on legitimate use of the mark. However, owning a federal trademark registration on the Principal Register provides several advantages, e.g.,

* constructive notice to the public of the registrant's claim of ownership of the mark;
* a legal presumption of the registrant's ownership of the mark and the registrant's exclusive right to use the mark nationwide on or in connection with the goods and/or services listed in the registration;
* the ability to bring an action concerning the mark in federal court;
* the use of the U.S registration as a basis to obtain registration in foreign countries; and
* the ability to file the U.S. registration with the U.S. Customs Service to prevent importation of infringing foreign goods.

When can I use the trademark symbols TM, SM and ®?

Any time you claim rights in a mark, you may use the "TM" (trademark) or "SM" (service mark) designation to alert the public to your claim, regardless of whether you have filed an application with the USPTO. However, you may use the federal registration symbol "®" only after the USPTO actually registers a mark, and not while an application is pending. Also, you may use the registration symbol with the mark only on or in connection with the goods and/or services listed in the federal trademark registration.

it doesn't appear on their site to have an assumed trademark, however...

For Trademark search and registration.... Check these guys out...
http://www.nameprotect.com

clear there too... sounds good enough to me.... :thumbsup

it pretty much sums up to your intent. if your intent is basically to suck business off the existing site that has trademark you will loose.

Quote:

Originally posted by SleazyDream
it pretty much sums up to your intent. if your intent is basically to suck business off the existing site that has trademark you will loose.

well, that's just it. my intent really has nothing to do with them at all, i came up with the name before knowing this other site existed and all, and i doubt i'd suck much traffic from them, and checking the traffic from my first choice, it's not getting any. most of them don't resolve.

but if it did start taking traffic, then that could be another issue.

however, i'm almost more worried about it sucking traffic from me.. although doubtful because it is a .net, and mine would be a .com. and, in that respect there shouldn't be a traffic issue anyway, because not only is it spelled different, but it has a different modifier.

and it appears that there are no trademarks with the name i am looking at, or the other name. i searched on both sites for several iteration and found nothing that would interfere.