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Unregistered Trademark

by binz
3 replies
I've always been wanting to make a basketball website for a long time and finally I registered a domain name and got hosting. Just now I stumbled upon a "Vine" account with the same name with the TM symbol. I'm not too familiar with unregistered tradmarks.

Should I be worried about this?
#trademark #unregistered
  • Profile picture of the author onSubie
    You can check the name with the trademark office online. Google- I don't have it.

    There are a number of caveats that could apply even if it is registered. Trademarks are often limited to the owner's industry if it is a common term, for example.

    Like Delta Airlines and Delta Faucets.
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  • Profile picture of the author paulie123
    You may want to check with the Trademark office at Trademarks Home.
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    • Profile picture of the author kindsvater
      Most trademarks are not registered. Go to the grocery store and check out boxes with the Pillsbury Doughboy on them and note the 'tm'.

      Registration gives a mark owner additional legal rights, but is not necessary to claim a trademark.

      With that information you may be able to better evaluate whether the 'tm' you see on a vine is something to be concerned about. Example: is it from a major corporation like Pillsbury with a major investment in the mark? Or someone in his garage who slapped up a 'tm' symbol because it looked cool.

      I once had someone, another Warrior actually, contact me about a major emergency because his blog in Romania had the same name as my blog, and I of course I needed to change my blog's name. Aside from the fact my blog was older, I just ignored him and that was that. Realistically, what was he going to do? And would it be worth spending the time and money to try and protect a claimed mark?

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