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What should I check to ensure that I won't have to deal with any issues related to trademarks in the future as a result of previous /img/avatar6.jpgs of the name.

I intend on using the name in the UK market, but possibly extending this to world-wide use in the future.

I assume that I should check trademarks against the name (ie, without extension) in the countries I want to work in, and do trademarks like this belong only to an industry or to everything?.

For example, if I wanted to purchase...

BlueTables.com.

I would check trademarks against the name. However, if there was a trademark could I be just for the furniture market leaving me to move into the spreadsheet tables market with no problem?.

Any advice would be much appreciated.

____Update____ The name I want has come up with and without the .com in TESS..

It was filed in 1999 and the page says that it is LIVE..

They do NOT own the name now and it is listed with BuyDomains.com.

Can I buy it from the new /img/avatar6.jpg or am I risking the original firm coming back and taking it from me?.

Their right to the name is limited to just the US?.

What about trade sectors?..

Comments (6)

Dear Mr. Charles,.

It has recently come to our attention that you have purchased a domain name using the term "bluetables," which we feel is confusingly similar to our client's nickname of "bluesman.".

We therefore advise you to cease and desist using that name or we will have a group hissy fit right here in our office today.

Thank you in advance for your prompt action in this matter.

Sincerely,.

Att. Owen Waters,.

Waters, Waters, Everywhere & Notadroptodrink..

Comment #1

With the general example given (this could change with the actual name being revealed), some TMs may be too generic to be ENFORCEABLE TMs, meaning, there may be a TM, but the isn't enough evidence or presense ot too generic (the name is descriptive only) to be enforced. So another company can come along and use the name. But keep in mind, since company A could not enforce the TM, you may not be able to either once you establish yourself.

You would also need to see how the other TMs are being used, are they marks only? logogs? catagories being used? there are many "what-ifs" that are there.....

Comment #2

I agree...and I have received a couple letters in the past concerning this from TM owners ...I told them .. togetalife..

Comment #3

Me too, it is once they file the udrp document that you take notice..

Comment #4

I wouldn't take it that far, I received 5 C+Ds and I took notice one a couple of them at that point. As with everyone else when we first started, I had some TMs,when I received the C+D, I researched thier claim and realized I would just be wasting my time fighting them. If you know you have no chance, why take the chance and wait until a UDRP is filed knowing you will lose anyway and have a filing made against you? Then future claims could reference your previous TM registrations (if someone really wants to research that deep). That's just my personal opinion....

Comment #5

Alot of the time...They are simply mad because they feel threatened ...Alot of the time....They have no real grounds to send anyone a notice they are infringing TM .... If it is a direct TM violation...Most domainers know that when they reg such a name... I have filed two UDRP's...Both of which I won...They cost $1,300 apiece to file with ICANN....Neither case was a TM infringment..The two were taking traffic from my names using the exact same niche with a .net domain name...Would I file another UDRP and spend $1,300..No way...It's not worth it ....Unless....You are loosing a substantial amount of money...

Comment #6


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

 

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