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Hi,.

I searched a lot but didn't get the answer of this question: world job / world jobs / worldjob / worldjobs ( example ).

( Difference is space and singular /plural).

If I register trademark as world job, will it cover all the other names.

I am not able to find the solution for this.

Any help...

Comments (11)

TMs are for marks you want registered and covers only what you claim. The trick is you would need to prove TM infringement if a similar or confusingly similar name is used by someone else. (IE- look ar many domains questioned here). Though techicically not your TM, it would be confusinfly similar to what you have on file. It also depends on usage (yours and thiers) and catagories registered under. Don't forget, the same "name" can be used in different catagories for different meanings (covered extensively here.. apple, cheer, champion, etc).

So the answer is no.. and yes... cunfused enough???..

Comment #1

Thanks for help.

If I register in one catagory ( for class 39) and user is using in the same catagory. ( class 39).

If I register world jobs.

User using.

World job.

Worldjob.

Worldjobs.

World-job.

World-jobs.

Worldjob.XXX.

Worldjobs.XXX.

World-job.XXX.

World-jobs.XXX.

Can he use the other names or not...

Comment #2

The big question here is, are you using "world jobs"? You can't just register and say you have a TM, it must be used in commerce to gain TM status. Plus, if the name is generic enough, you may not be able to attain TM status until becomes "big enough" or "well known" in the eyes of commerce. In this example, "world names" can be concidered generic in nature, therefore someone could argue that is cannot be TMed. However, if your branding and usage of "world jobs" becomes synonimous (sp) with a particular service or product, then that is a different story. (Windows, apple, champion).

Then again, a same name can be used under 2 different catagories (apple, champion) and not infringe on the others TM. (When apple went into the "music" business, Apple Records filed for TM infringement).

So still, yes and no..

Comment #3

Thanks for help. I just took the example of world jobs.

My question is simple :.

If I have the trademark of world jobs, can others can use following names in the same class :.

World job.

Worldjob.

Worldjobs.

World-job.

World-jobs.

Worldjob.XXX.

Worldjobs.XXX.

World-job.XXX.

World-jobs.XXX.

Will they infringe or not..

Comment #4

It is not really "simple", by any means. Domain owners, even the best domain traders have diffrences of view on any one case. You might want to ask your question to NP member jberryhill , who is a repected lawyer with alot of experince in that area...

Comment #5

That doesn't look like something I originally posted, since I would not refer to a "copyright" on a domain name.

Anurag doesn't seem to appreciate DNQuest's comments above.

If one is using, say, "World Job" as a trademark for a toilet cleaning chemical, and advertising that product at worldjob.com, then one might consider filing for registration of "World Job" as a trademark for toilet cleaning chemicals.

Then, if someone comes along and starts selling a competing toilet cleaner at "worldjobs.com", you would probably have a basis for going after them, as "world jobs" and "world job" are confusingly similar and they are infringing your toilet cleaner mark.

If, on the other hand, they are using worldjobs.com as an employment-related site, then your TM for a toilet cleaner named "world job" is not particularly relevant.

You're asking for a solution to a four variable problem based on a single linear equation.

The relevant dimensions are:.

-degree of inherent distinctiveness of the mark.

-relative chronology of use.

-relevant class of goods or services.

-degree of similarity between the disputed terms.

You keep banging away at #4 in that list, but you are not going to get any sort of an intelligible or worthwhile answer out of your question as posed...

Comment #6

Mr. Berryhill,.

I wasn't quoting you. That is why it says "Mr. Berryhill can correct me, if I'm wrong on the below statement". I just used the to make the point. Thats why it didn't simply say "Originally Posted by jberryhill". Sorry for any confusion, as I was not trying to put words in your mouth.

And thanks for replying to Anurag's post. Hope by bringing your name into it, I didn't make you feel obligated to answer..

Comment #7

Mr. Berryhill,.

Thanks for your kind reply.

Indeed I am very thankful for your help and time.

I understand if I use "world job" in class 39 then no one can use the follwing names.

World jobs / worldjob / worldjobs / world-job / world-jobs / worldjob.XXX /.

Worldjobs.XXX / world-job.XXX / world-jobs.XXX.

In the same class 39..

If they use, they are infringing the trademark.

If they use the "world job" or other names in any class other than class 39, they can use.

Pl.correct me if I am wrong.

Again sorry about my poor knowlege about Trademarks.

I will appreciate if you can help in understanding follwing term: -degree of inherent distinctiveness of the mark.

-relative chronology of use.

-relevant class of goods or services.

-degree of similarity between the disputed terms..

Comment #8

The bottom line is whether consumers would be likely to be confused, or whether there is an indication that the other user is intentionally attempting to exploit such confusion.

"SHELL" is a very famous oil company, but you can surely use the word "shell" to sell shells. Because "shell" is a dictionary word, aside from it being a strong trademark for oil, it is not "inherently distinctive".

XEROX, for example, is inherently distinctive. It has no meaning apart from being a reference to a particular brand...

Comment #9

Mr. Berryhill,.

Thanks for reply.

Now I very clear about waht I should do.

Thanks.

Anurag..

Comment #10

Thanks for the info DNQuest. I was wondering the same thing myself...

Comment #11


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

 

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