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GoDaddy testimonials : Advise I purchase GoDaddy?? Does TM Affect ccTld ?

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Ahem folks,.

Can any one clarify this to me.does cctld come under TM issue?....

Ex-:If a Domain name with common word like sale.com has TM, will sale.in which was registered afterwards come under TM bad faith?.

Regards.

Eldo...

Comments (8)

TM is the same in any extension...It is just harder for say "france" to sue me,Than the US...as I live in the US...France was just an example...I don't know all the countries laws and how they go about trademarking and ect....But...If you have the name prior to a person TMing it...to the best of my knowledge...there is nothing the TM holder can do...If iam wrong here...someone correct me please...But...if you use the name against the TR holder,Meaning....Using thier product or ect to make a gain,money and ect...That would constitute a icann UDRP...And the name holder would most likely loose the name as a ruling of bad faith judgment would be passed down...

Comment #1

The first thing you should do being new is use the search box and type in "trademark" and "tm" and spend a week reading and understanding all th threads that deal with trademarks. It will save you a ton of time and money if you start off right at the start. Tms can be simple or complex, there are so many variables, that your question is so vague without more details, I could write another thesis like I did last week......

Comment #2

I will make my question more clear. suppose www.sale.com or www.buy.com has acquired TM since 2003 and I booked the cctld www.sale.in and www.buy.in on the date the .in cctld was open to public for registration.now if I want to develop www.sale.in and www.buy.in which are commonly used words and not a companys name like google,yahoo,ebay etc.can I be sued for bad faith,only because someone else has TM.

I hope I am clear this time..

Comment #3

I answer with the same post......

Since you clearly did not research (and I did give you the best advice), but I will expound my answer a little more.... www.windows.com www.apple.com www.cheer.com.

Very common words, yet TM protected....

I have brand new sparks plugs, will my car run?..

Comment #4

Jesus,.

If the owner of the trademark just tmed it in one country then it could be trademarked in a different country by someone.

Its my understanding some trademarks are taken out in only one country.

That leaves the trademark open for any one to register in those countries that the name was not registered in / for. So you will need to find out what countries the name is trademarked in to see if your cctld is trademarked or not.

Roderick..

Comment #5

Countries will recognize other countries TMs, so that isn't always a safe bet either. With TMs and domains, the requirement is to show rights to a name while proving the domain owner does not. Remember, this is the internet and ccTLDs knows no bounds... they can be viewed and marketed anywhere...

Comment #6

To be a ltttle more clearer. Some countries will recognize another countries trademark. but that is not always true. if you trademarked something in the U.S and you wanted a trademark in Japan, you will need to get a new trademark for it in Japan. Thats what I understand anyway.

Roderick..

Comment #7

We are talking about the domain game here and the reality if challenged. Read all the TLDs and ccTLDs TOS, they all have some mention of TMs, but none of them say it has to be from a particular country. If you can establish a TM anywhere, YOU HAVE RIGHTS to the name. If the owner of the TMed domain cannot prove rights to a domain, then mark up a victory for the TM holder.

I see where you are going with this, but there are two different creatures here, TMs law and domain UDRPs. Yes, the same term can be TMed by different countries, but the point here is rights to a name. Big difference...

Comment #8


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

 

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