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Point me in the direction to locate trademarke info

by petevamp
7 replies
Hello and thank you for your time everyone. I am looking tostart a brand new site. I just signed up to a new affiliate program for a particualr product. However in the signup process for this product line. It indicated the affiliates are not allowed to use certain keywords for the product. The reason it gave was because of a trade mark. Now I have been searching al over to try and find out if this is infact a trade marked keyword term for I was going to use it as part of my domain. Although if it is trademarked I will have to change my strategy. Now keep in mind this is a term that has to be used to market any of the products. So I am not sure as to how it can be trade marked.

I did find one site that allows you to search trade marks but it doesnt really find any for you but tells you that you can purchase the trademark for the term for something like 160 and that is just for the us. So if you can can point me to a location to find info on trademarks and if this term is infact trademarked it would be great thanks.
#direction #info #locate #point #trademarke
  • Profile picture of the author JMSD
    You may find this article interesting/informative.

    Trademark Law – What Search Marketers Should Know, Part 1 - Search Engine Watch (SEW)

    NOT an affiliate link

    James
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    • Profile picture of the author petevamp
      Originally Posted by JMSD View Post

      You may find this article interesting/informative.

      Trademark Law – What Search Marketers Should Know, Part 1 - Search Engine Watch (SEW)

      NOT an affiliate link

      James
      Its a really good read but it still doesnt really tell me how to find out if the keyword term is actually trademarked. Which if it is I need to fully rethink the domain name I am going to buy to market for this term. I know we are not allowed to go with something like ipod in our domains because of the trademark on the word ipod. However take a word like tote bags. This is such a broad term.

      I understand by reading the pag you gave me I can purchase a trademark for the term if I so desire even if some one else has a trade mark on the term. But can I use the term in my domain title and description with out the risk of precutions later on. Since it would be clearly in violation to the trademark laws.

      However Since the exact term was all full up for every extension. I am basically adding a letter to the end of the term so I can still keep my domain under 15 characters and keep the full term in the domain. So Ill again use the term I gave as example above.

      My domain would be something like totebagsq.com This allows me to get the full term in my domain with very few extra characters so I would be able to do very little seo work and still get optimal ranking for the term.
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      • Profile picture of the author JMSD
        Try this one which is an official site and it has a question that is similar to yours:

        Trademark FAQs

        James
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        • Profile picture of the author Bill Farnham
          Originally Posted by petevamp View Post

          I just signed up to a new affiliate program for a particualr product. However in the signup process for this product line. It indicated the affiliates are not allowed to use certain keywords for the product. The reason it gave was because of a trade mark.
          (None of the following is legal advice)

          You don't need to register a Trademark to use it. It's a good idea, but it is not manditory. If you are told by a company when you sign up as an affiliate not to use the Trademark to promote your business you are by definition infringing on that mark if chose to ignore their instructions. If the company then decides not to pay you commissions on sales you have made they may claim that you are not increasing their sales you are merely skimming off of their sales by confusing consumers. The chain of misdeeds will be unbroken and clear cut to their legal team.

          Now I have been searching al over to try and find out if this is infact a trade marked keyword term for I was going to use it as part of my domain.
          If they say it is, it is.

          Although if it is trademarked I will have to change my strategy. Now keep in mind this is a term that has to be used to market any of the products. So I am not sure as to how it can be trade marked.
          Yup, your current strategy is in violation of their affiliate terms as you have described them. It's Trademarked because they say it is and you are aware of their claim.

          I did find one site that allows you to search trade marks but it doesnt really find any for you but tells you that you can purchase the trademark for the term for something like 160 and that is just for the us.
          You are misunderstanding the requirements to establish a Trademark. The $160 is a fee, not a right to use a Trademark.

          So if you can can point me to a location to find info on trademarks and if this term is infact trademarked it would be great thanks.
          Read their affiliate terms. They have already told you they are claiming a Trademark on that term in that genre.

          Its a really good read but it still doesnt really tell me how to find out if the keyword term is actually trademarked.
          See above.

          Which if it is I need to fully rethink the domain name I am going to buy to market for this term.
          It is, and you are going to need to rethink using the term in a domain name.

          I understand by reading the pag you gave me I can purchase a trademark for the term if I so desire even if some one else has a trade mark on the term.
          Again, a total misunderstanding on your part.

          But can I use the term in my domain title and description with out the risk of precutions later on. Since it would be clearly in violation to the trademark laws.
          Read the affiliate terms.

          My domain would be something like totebagsq.com This allows me to get the full term in my domain with very few extra characters so I would be able to do very little seo work and still get optimal ranking for the term
          If you are in violation of the affiliate terms you may end up doing everything for nothing more than the privilege of receiving a cease and desist letter. No commissions, only a lesson in how to not do things in the future.

          Bottom line...when you sign up to promote a product or service pay attention to the instructions you are given by the vendor. They have reasons for making rules and conditions for paying out commissions. You seem to be unclear as to what your function as an affiliate is in this situation. Not a good way to start a business relationship.

          ~Bill
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  • Profile picture of the author eiilers
    Use "TESS" - http://tess2.uspto.gov/ - you can search marks directly on that link.

    No need to hire an attorney to do the search for you, or pay anyone initially. Just be sure you are putting in the keyword in variations: ie: "coca cola, cocacola, coca-cola, coke, coke cola", etc. Just be sure you do some variations on the word.
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    Steve Eilers
    Boost Marketing Group LLC
    www.boostGR.com
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    • Profile picture of the author petevamp
      Ah it doesn't matter any more I have choose to go with a completely different product. For I have searched high and low for this term in all the links provided and can not find any info on it other then companies with their own brand trademarking the term for products they will give away and or sell with their name on it.

      This is the only info I could find at all the sites so I am done searching and researching just to save my own hide. So I have decided to go with a completely different product. Now that I am to tired to do any more research since I have been up for the past 30 hours now. I will just have to find my keywords later today after I have gotten some sleep.

      Thanks for the help guys. Its just too bad I couldnt find a solution to use my first idea. It would have been a very profitable niche site for xmas. Although I believe I have found a better solution which will be great for the entire year and not just xmas.
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  • Profile picture of the author sbucciarel
    Banned
    If they already told you that it is trademarked and can't be used, it is trademarked and cannot be used. If you do use it, the ad network will suspend you and will not pay you for any commissions you make. In addition, the trademark holder will/can send a cease and desist and take the domain from you or sue you if they wish to do so.
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