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GoDaddy user reviews : Should I sign up for GoDaddy?? are these TM 's/how to find out exactly

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I looked at uspto.gov/tess, but cannot figure out for sure when there is a problem..

I have these domains about which I wonder(as some got refused at parkingsite):.

Betonworldseriesofpoker.com.

Betworldseriesofpoker.com.

Betwpt.com.

Betapat.com.

Betept.com.

Betwsop.com.

Bfora.com.

Convertiblecabrio.com.

Convertiblecooper.com.

Convertiblecruiser.com.

Cooperminireview.com.

Internetpokerstars several ext..

Jott.nl.

Jotting.us.

Jotting.nl.

Linuxvirtualwebhost.

Linuxvirtualwebhosting.com.

Minicooperreview.com.

Pokerandstars.com.

Pokerstarsinfo several ext..

Pokerstarsonline several ext..

Racingcooper.com..

Comments (14)

Some of thse are indeed trademark issues for example world series of poker is a registered trademark.

Linux is also a trademark however they tend to allow the usage of their trademark as long as credit is given.

Sometimes registering TM domains is fine, some TM holders are not worried about others using their mark as long as they are not defaming them or providing competing services. Like anything before registering or buying something that maybe a TM issue you should look into what is already registered, what the traemark holders stance on using their trademark is (some for example give information on their website) and how much they chase their trademarks (look through forums and wipo cases for this).

Usage plays a huge part on wether the TM holder will object so take a close look at what you plan to do with it. And remember trademarks are registered in specific markets, the same trademark could be registered multiple times but for different things...

Comment #1

It is important to know how to use the USPTO database as a minimum in getting through domain life. Other nations have TM systems to, so be sure to check out some of the major ones - in particular if you do not reside in the USA then also check your own countries TM database.

Now, let's look at "how" we find things in USPTO. I am not going to do this for every database on earth, but just the USPTO. The syntax of USPTO is complex for involved searches, but let's first look at the "Basic" search.

1.) First go here: http://www.uspto.gov/main/trademarks.htm.

2.) Then click on "search" in the box on the right side of the screen.

3.) click New User Form Search (Basic).

4.) enter "world series" in the search term box and click the "submit query" button.

5.) The system returns (at this point) 295 entries. Some dead, some live, and mixed with other words, but this certainly tells us that "perhaps" there might be a problem, so let's dig deeper.

Using the Advanced search features:.

6.) Now repeat steps 1 and 2 (or just use the backup button) and select "Free Form Search (Advanced Search) " instead of "New User Form Search (Basic)".

7.) I want to see if there might be some TM's that are particularly troublesome, so enter this in the search box:.

(world-series)[FM] AND ("1"[MD] OR "4"[MD]) AND `RN > "0" AND LIVE[LD].

What that does is look for the exact phrase "world series", and that has a Mark Drawing code [MD] of either "1" (stands for Typed Drawing) or "4" (standard character mark). These are basically the same thing, and "1" is the older term used at USPTO. New TM's will be using "4" since the system was upgraded to align with the "Madrid Protocol". Basically this means that they are claiming word/phrase instead of just a claim for a design. The RN part is saying just give me Registered Marks. The LIVE[LD] part ensures that the marks are live.

8.) click the submit button to see a total of 9 entries, all LIVE, all registered, all of type "Typed Drawing" or "Standard Character Mark", and consisting Solely of the phrase "World Series".

Now you know why some parking companies might be objecting. Learn how to use the Basic and Advanced features of USPTO. The Advanced feature can save a lot of time, although a broader search like Basic can be useful too.

Now, go read the Help section of USPTO, and see why I used the phrase "(world-series)[FM] AND ("1"[MD] OR "4"[MD]) AND `RN > "0" AND LIVE[LD]".

Do something similar for your other names.

EDIT: Peter makes a great observation above. "World Series of Poker" is also a registered TM making the Standard Character claim. This would have shown up in the Basic search too, and is *probably* more troublesome than just "World Series" in this particular case. Since I am lazy, I just drilled down to something I knew was a Mark...

Comment #2

Thanks Peter and npcomplete for taking time to answer my questions..

Looks at a very big gray area..

Problem is that you may run into TM issues you do not even consider..

Never thought about cooper or convertible being possible TM issue till after I registered some of those names..

Fabulous did not provide Parking Pages and then some cooper and convertible domains were accepted and others were not.Difficult issues...

Comment #3

Fabulous runs an extremely clean shop, and I like them for just that reason. Perhaps a bit OCD at times but I really like Fab, where I park most of my stuff.

At this point it is hard to find terms that are not claimed as a mark by somebody, somewhere on earth. It is important to learn the tools of the trade like USPTO and others. Just because a term sounds generic or is generic does not mean there is no trademark on the term. For example "Amazon" is of course a place, generic, but has several marks held by different companies (besides Amazon.com). A typical "basic" search returns hundreds of marks, some dead, some pending, etc. The advanced search can help sort through that mess.

One of the keys to a happy life in domaining is to know how to use the system to avoid infringing on other people's marks...

Comment #4

Got some more fabulous just "sent back",which I regged with them a few days ago.Wasted money..

Ledmaglight.com.

Ledmaglite.com.

Magledlight.com.

Maglightled.com.

Maglightledbulb.com.

Magliteled.com.

Magliteledbulb.com.

Never considered checking these...

Comment #5

Maglight is a brand... so likely TM'ed. Delete them if you can imo...

Comment #6

Yep. TM below: I typed "maglight" into the "Basic" search and this popped up. The Basic Index [BI] search scans both the Word Mark field and the Pseudo Mark field. Since the mark is related to "maglite", my entry of "maglight" was picked up in the Pseudo Mark field, which finds strings similar sounding to the Word Mark Index. The actual search took less than 60 seconds of my time (this message takes longer to type). It is important to learn how to use these tools to avoid problems in the future.

Notice that it is a Typed Drawing, similar to the Standard Character Mark...

Comment #7

"World Series of Poker" have gone to great lengths to register their mark. So you can conclude that they fully understand the need to protect their brand, and know what their options are for addressing infringement. That being said, they offer a webpage offering specific guidelines for acceptable use of their mark. Here's the link ... http://www.worldseriesofpoker.com/pd...guidelines.pdf..

Comment #8

In addition to the US Trademark and Patent office you should also search International Trademarkes at the World Intellectual Property Ogransiation. WIPO - Madrid Protocol.

And just for your information Australian trademarks are at: Link..

Comment #9

Thanks for sharing the links above. Is there any additional link for UK trademarks?..

Comment #10

Wait a minute.

You happened to register a domain name with "convertible cooper" in it... why?.

You have never heard that one of the most popular small cars on the planet is the Mini Cooper produced by BMW? You just picked that name at random?.

At the same time, you registered several domain names directly derivative of Mag-Lite, which is probably one of the most famous brands of flashlight in the US, and you'd never heard of them before?.

I find that a little hard to believe.

Seriously, I want to know the thought process that leads someone to register a name like ledmaglite.com without knowing that Mag-Lite is a brand name for an outrageously well-known line of metal flashlights which include LED flashlights.

How did you pick that name, with a Ouija board?..

Comment #11

Jberry.

I heard about the cooper, but to me it is like a generic for a "cookie-jar" small car,obviously wrong..

I was just registering a bunch of names with convertible in it which had good scores at google-keyword.convertible cooper was one of them and when you search further you end up with more names with either convertible or cooper.

My thought process comes from this(to satisfy your curiosity about my"stupidity/criminal copycat mind").

I play around with "adwords.google.com/select/KeywordTool" and starting with 1 wordcombination I end up with many as when you check what is available and type those in the keyword tool again you end up with a bunch of others which have many searchresults/cpc.

Somehow convertibles and maglite ended up favorable there.

I am not from the USA but from the Netherlands.So I cannot blame myself for not knowing "maglite/light" being the "name" off a company..

I spend a lot of time in the USA in the nineties,but never came across any light/lite brands I can remember off as I never shopped for things like that..

I do not even know what light selling brands there are in europe.I guess Philips and companies like that. Stupid as I am I was thinking mag was something about magnetics. Ignorance/not knowing is no excuse, just like the law says..

Guilty, I should think twice in situations like that..

Anyway I deleted all of those domains now and will try to be more carefull,though I still registered a bunch of names yesterday without checking them as they "look" ok to me.If wrong it costs me $ 6.85(not euro's) , big deal,I delete them as soon as I find out...

Comment #12

Apart from the fact that Mag-Lite is one of the best selling flashlights in Europe, and one of their largest distributors is located in Doesburg, NL, you might try taking your keywords and simply plugging them into a google search to see what sort of results you get. If they all point to a particular product, then the reason why should be apparent. http://www.maglite-shop.eu/NL/home.php.

Welkom in de Maglite-Shop,.

De winkel voor al uw Maglite lampen, accessoires, reservelampjes en onderdelen. http://www.kruis.nl/zaklampen/.

Maglite is de standaard op het gebied van kwaliteitszaklampen voor de veeleisende gebruiker en professional. Vervaardigd uit degelijk geanodiseerd aluminium, weer- en schokbestendig, en met zeer krachtige Krypton lamp, of nu ook met de zeer zuinige LED verlichting te krijgen. De topper uit het assortiment is nog steeds de oplaadbare maglite. Onverwoestbaar en super handig. Een oplaadbare lamp van bijvoorbeeld Maglite is redelijk aan de prijs, maar als you al accugereedschap heeft, is het mogelijk dat you uw accu's kunt gebruiken in combinatie met een lamp van hetzelfde merk. Deze zaklampen worden zonder accu geleverd, dus bespaart you veel geld...

Comment #13

Used to live 6 miles from that village Doesburg,now 25..

Sitting at pokertables and travelling for 20 years has not kept me in touch with "the real world",never mind ever watching tv/commercials either...

Comment #14


This question was taken from a support group/message board and re-posted here so others can learn from it.

 

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