A quick question about trademark and domains...

by Deepak Media

Posted: 14 years ago 4 replies

INTERNET MARKETING

There is a big magazine named XYZ in India.

They don't have a TM sign near their logo.

The name consists of 2 words and they are generic. Like ABCIndia... where ABC is a very generic term.

They have .com, .in and a few other I guess.

But another TLD is free and I am considering registering it and building a serious long term site around it.

What is your opinion? How do I know about Trademarks. Does TMs exist for generic names?

#domains #question #quick #trademark

sbucciarel Banned 14 years ago

There are plenty of generic type of words that are trademarked. I don't know how it is in India, but what you are describing might get you into trouble. I also don't know how to look for International trademarks. In US, I use TESS.

Personally, I'd leave their name alone. It's bad business to squat on someone else's trade name or domain, but you can't get good legal advice in a public forum and legal advice is what you would need to answer this question.
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- ivatel42 14 years ago
  
  I'd be very careful too especially as you are planning lot's of work. Too much risk IMHO as tempting as it may sound.
  
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CDarklock 14 years ago

Originally Posted by Deepak Media

They don't have a TM sign near their logo.

I'm not a lawyer, but I study these things a lot.

Companies which intend to trademark a term have the right to use the TM sign as an indication of this intent. Once the trademark is officially registered, they have the right to use the circled-R as an indication of that registration.

They are not required to use either.

However, they are usually required to defend that trademark or intended trademark from use by others in the same category of commercial trade.

So they don't have to say "this is our trademark" until they think you're infringing on it. Then they have to. It's generally required by law.

No matter how small or innocent the infringement, once you let another company use your trademark long enough, the trademark is considered a generic term and can be used by anyone.
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HarryCharles 14 years ago

I have dealt with similar situations in the past. If you can build a site that is no way affiliated with them they are unable to take the site off you. As soon as you start affiliating yourself with them they can raise a case about taking your domain off it. As long as you can justify in court that the site you have built has nothing to do with their magazine and has not tried to piggy back off its success you will win.

For instance if I buy applemac.com and I make a site about apple computers they can seize the domain off me. If however i create a shop selling apple green coloured macingtoshes(coats) they no longer have a case against me.
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