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Domain Trademark

by Keen creations
9 replies
Quick question guys! I searched on the government trademark site for the trademark on " Professional " and it came up with sites and buisnesses that use that word but what does that mean for me?

Can I not use the word "Profession" in a domain name?

Basically my question is i get results when I look if a word is trademarked but can I use it?
#domain #trademark
  • Profile picture of the author doorkicker13
    I don't think that the word "profession" is trademarked.. but I'm also not a trademark lawyer. The best way to get solid advice would be calling a trademark attorney.
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  • Profile picture of the author Keen creations
    It was an example and thanks for your reply!
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  • Profile picture of the author Sheryl Polomka
    I don't think such a broad name would be a trademark issue. If you found a name that was trademarked like 'professional iphone' then you wouldn't be able to use the name as a whole. But the word professional on it's own would still be ok. I'm also not a trademark lawyer so I can't be 100% certain, but I would think a widely found name such as professional would be ok to use in your domain.
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    • Profile picture of the author Dan C. Rinnert
      Well, what does the trademarked name cover?

      If, for example, the "professional" (which you said is just an example) covers computers, as in they have a trademark for selling computers under the "Professional" brand name, then you could not registered a domain to use to sell computers. You could, however, register something like professionalshoes.com to sell shoes, assuming there is no trademark covering that niche.

      In certain cases, such as if the brand is very well known, even if they only cover certain niches, you may have problems if you use the name if the public is likely to associate the name with the more well known brand. Thus, a "Xerox Bar & Grill" would probably not be a good idea, whereas "Apple Bar & Grill" might be less problematic.

      Of course, for any degree of certainty on any specific domain, talk with a lawyer.
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  • Profile picture of the author HeySal
    Save yourself some money on a lawyer and call a trademark search company. Talk to a manager - they will know what the legalities are.
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  • Profile picture of the author Mike McAleer
    definitely not profession. Maybe iPhone is trademarked but not Phone which is part of that word.
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  • Profile picture of the author Giftys
    I've had some experience with trademarks:
    1. Consistency does not always rule when it comes to the issuance of trademarks. There are many words trademarked that shouldn't be.
    2. Check to see if the trademarks are active as opposed to "dead". If they're dead, you can use them.
    3. Better safe than sorry. So yeah, if you're not sure, seek advice from a TM attorney
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  • Profile picture of the author Jeremy Banks
    Here's what I like to do, go to UDRPsearch - WIPO / NAF / ADR.eu Domain Dispute Search and search for the word you want to register. It will show you any domains that got taken down due to copyright laws with that word in it.

    Maybe I want to register hondacarreviews but I see honda is actively taking down domains, well then maybe I register toyotacarreviews instead because Toyota just doesnt care

    Not the safest route, but better then getting your domain snatched away from you instantly!
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  • Profile picture of the author PeterBirganza
    Originally Posted by Keen creations View Post

    Quick question guys! I searched on the government trademark site for the trademark on " Professional " and it came up with sites and buisnesses that use that word but what does that mean for me?

    Can I not use the word "Profession" in a domain name?

    Basically my question is i get results when I look if a word is trademarked but can I use it?
    Hi,
    Trademark for the domain should be more relevant to your business in which you are going to deal. If you explain your business category, it would be more easy for us to guide you for the most relevant domain name for your business.
    Best Of Luck.
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