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Trademarks & domain names?

by spen
12 replies
Hi everyone,

I would like to register a domain name, thebestpensdotcom
but"pen" is a trademark.
How...?

Any help would be very appreciated!
#domain #names #trademarks
  • Profile picture of the author Alexa Smith
    Banned
    Originally Posted by spen View Post

    "pen" is a trademark
    I'm not a lawyer, but I think that probably doesn't matter. If "thebestpen" were trademarked, you'd almost certainly have a problem for a pen-selling website, but I don't think you do just because "pen" is trademarked. It isn't specific enough. This isn't legal advice, but I'll be surprised if it's seriously mistaken.

    .
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  • Profile picture of the author artflair
    Isn't it crazy that 'pen' is a trademark?
    Are we approaching a point of being ridiculous with trademarking everyday use words and sueing each other for using them?
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  • Profile picture of the author Gene Pimentel
    There are thousands of domains registered that contains the word "Windows", even though it's a massively protected trademark. Same holds true for thousands of other common words. The trouble only arises when you're using it in a way that makes the public think it's connected with the known mark. Registering "WindowsSoftware" would be a no-no because it would make some people assume it's related to Microsoft Windows, whereas "HomeReplacementWindows" would be perfectly fine.
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  • Profile picture of the author Jack Gordon
    In my experience, trademark examiners (at least here in the states) are notoriously difficult.

    The approach they take is to look for any justification to deny your application. If you believe in your cause you will likely have to fight for it, and fighting means spending lots of money to pay an attorney to fight on your behalf.

    Having said that, I don't think your problem will necessarily be the word "pen", but the rest of the term. Attempting to trademark "the best pen" may just be too generic and too confusing in relation to other, existing marks.

    However, if you were to go for "Spen's Pens" or something like that, I suspect you may have a good shot at it.

    I am NOT an attorney, and can only comment based on my experience from having been through the wringer with a couple of trademark applications myself.
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  • Profile picture of the author bsurb
    It depends on the class that the trademark is already registered under. Also if the trademark causes confusion with another brand or can easily be confused by another trademark it will be denied. I have been dealing with this trademark issue during the past 7 months. I have learned a lot. Your best bet is 1, trust your knowledge and go for it, filing the trademark application. Or 2, hire a trademark/patent lawyer to file for you. Will cost a couple grand easy but you won't have to deal with the headaches.
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  • Profile picture of the author yordanov
    No problem with this domain. Register it bravely!
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  • Profile picture of the author Jack Gordon
    You know what... I misread your initial post.

    If all you want to do is register the domain, go for it. It is highly unlikely you will run into intellectual property concerns with a domain like that.
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    • Profile picture of the author helpandinfo
      Just register it mate. a lot of these trademarks are largely to protect against direct competition and some generic words like "pen" and "apple" can be used in certain cases - as long as you are not imitating or intimating you are the original trademark holder.

      (disclaimer - not a lawyer)
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  • Profile picture of the author alexandermadison
    If I do not make mistake, I think your site service will be writing. So in this case if you choose the trade mark is pen, there is no problem, if already anyone does not use this pen as trademark. Your domain name is also good. The writing service is an excellent profession at this time.
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    Do not be crazy.

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  • Profile picture of the author ronrule
    Your issue isn't a trademark on the word "pen" ... your issue will be that you're picking a horrible domain.

    Which site are you more likely to buy from: Zappos, or “website-that-sells-shoes.com”? ThinkGeek or “fun-little-gadgets.com”?

    Keyword-stuffed domains don't help you get traffic, look ridiculous, and you’ll never be perceived as a serious site if you use one. Build a brand.
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    -
    Ron Rule
    http://ronrule.com

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  • Profile picture of the author Dennis Ray
    First off, the main difference is like saying "shoe" and then saying "Nike". Nike is a brand name of shoe which would likely get you in trouble, but you would likely not have a issue using the generic shoe.

    As far as the site name goes like ronrule, I have to agree. There was a time where keyword rich URL's would get you traffic (and might possibly still work) but if you are going to sell stuff you will probably want to brand yourself (aka ThinkGeek, Zappos). Does not mean the products have to be your brand, but people will be able to tell other "I got this at xyz.com".
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  • Profile picture of the author James1212
    I agree, It has to be exactly the same, so you could be off be a letter you will be in the clear.
    But be careful still.
    This is not legal advice, but some research.
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    Mike Schlecht

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