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GoDaddy user reviews : Advise I sign up for GoDaddy?? Tm problem?

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I have just been informed of this. Now I dont really understand exactly what they are TMing but I think it's the design and possibly the phrase "blogz z" so I assume it's ok to have a domain blogz.tld without any legal problems?..

Comments (6)

TESS links are session-specific.

Nobody knows what you were trying to link there...

Comment #1

Woops, just go uspto.gov and do a trademark search for blogz...

Comment #2

Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "BLOGS" APART FROM THE MARK AS SHOWN http://tess2.uspto.gov/tmdb/tmep/1200.htm#_T120903j.

1209.03(j) Phonetic Equivalent.

A slight misspelling of a word will not turn a descriptive or generic word into a non-descriptive mark. See C-Thru Ruler Co. v. Needleman, 190 USPQ 93 (E.D. Pa. 1976) (C-THRU held to be the equivalent of see-through and, therefore, merely descriptive of transparent rulers and drafting aids); In re Hubbard Milling Co., 6 USPQ2d 1239 (TTAB 1987) (MINERAL-LYX held generic for mineral licks for feeding livestock).



1213.08(c) Disclaimer of Misspelled Words.

Marks often comprise words that may be characterized as misspelled. For example, marks may comprise terms that are telescoped (see TMEP 1213.05(a)(i)) or terms that are phonetic equivalents of particular words but spelled in a manner that varies from the ordinary spelling of such words.

If a mark comprises a word or words that are misspelled but nonetheless must be disclaimed, the examining attorney should require disclaimer of the word or words in the correct spelling. See In re Omaha National Corp., 819 F.2d 1117, 2 USPQ2d 1859 (Fed. Cir. 1987); In re Newport Fastener Co. Inc., 5 USPQ2d 1064, 1067 n.4 (TTAB 1987). The entry of a disclaimer does not necessarily render registrable a mark that is otherwise unregistrable...

Comment #3

OK, could you explain it in plain English please? I understand Blogs.tld wouldnt have a problem but would Blogz.tld have a problem?..

Comment #4

Published for Opposition August 5, 2008 http://tarr.uspto.gov/servlet/tarr?r...entry=77272546.

I can't tell if it's a logo only mark, or includes the word mark "Blogz Z". AFAIK, using the phrase "blogz" to ... well host a blog(s), should be ok since it is descriptive of the service, as jb pointed out that the simple misspelling doesn't make it non-descriptive.

IMO, blogz.tld should be fine when used for their descriptive uses, or for a completely seperate use than what their TM app is for: IMO their TM app is overly broad. Especially the part about blogs that cover basically everything. Now if they are just claiming the exact phrase "blogz z" (not just 'blogz'), or it is a design mark, that will make a load of difference I believe. Maybe jberryhill can clear that part up.

If you are concerned and have any blogz.tld, you might want to consider challenging the tm asap... as it is available for opposition as of today. I wouldn't recommend challenging it yourself... get legal help if you feel you have a real reason for concern...

Comment #5

Thanks, I do have a blogz.tld but I am not to concerned as it seems I would be ok, however the domain is currently parked which I know isnt good if there are any TM problems. Anyway there TM is for Blogz Z and not Blogz which I think means I am safe. Thanks for the help, rep added...

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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