Can I use a "dead" word in TESS to register a domain name?

by spen 10 replies
Hi, guys
If a word is "Dead" in TESS, Can I use the word to register a domain name?
I want to listen you advices.
thanks
#main internet marketing discussion forum #dead #domain #register #tess #word
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  • Profile picture of the author WhamSoft
    Hi,

    What's TESS? a trademark database or something?
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  • Profile picture of the author davezan
    Originally Posted by spen View Post

    Hi, guys
    If a word is "Dead" in TESS, Can I use the word to register a domain name?
    I want to listen you advices.
    thanks
    Glossary

    a dead or abandoned status for a trademark application means that specific application is no longer under prosecution within the USPTO, and would not be used as a bar against your filing. It does not necessarily mean that there are not other marks that the trademark examining attorney would cite. It is also possible to revive an abandoned application (for example, if the USPTO declared the application abandoned for failure of the applicant to respond to an Office action, but the applicant later proved that a response was sent and the USPTO simply failed to match it with the file in a timely manner, then the case could be revived). Also, regardless of the status of an application within the USPTO, the owner may still claim common law rights, i.e, the mark may still be in use in commerce.
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    David

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    • Profile picture of the author spen
      thank you
      I don't know what to do?
      the word is abandoned at least for seven years


      Originally Posted by davezan View Post

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  • Profile picture of the author spen
    hi, everyone
    I want to listen the more advices
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  • Profile picture of the author YasirYar
    The best suggestion is to contact an attorney. Any of us offering our opinions would not be able to take responsibility for it. An attorney presumably would be provide you with legal backing in the event that a problem came up.
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  • Profile picture of the author thesnakeman
    The advice above is good.
    As an add-on I suggest do a search for the said term on the web and see if anyone is actually using it as a trademark for the same business as yourself.
    If they are, then I'd steer clear of using it. If not, then you are probably safe.
    Nowadays most trademark owners do regular searches of the web for their trademark, as we do and you should find evidence of use of the mark on the web pretty quickly if it exists.
    Trademark owners generally close down competitors using their registered trademarks and we have in recent years dropped our tolerance of infringers and I think this is common practice.
    All the best
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    • Profile picture of the author spen
      thank you
      I found out some domain name as befollow.
      deadword ( dot ) net
      xxxdeadword ( dot ) com
      deadwordxxx ( dot ) com

      I want to register deadword-xxx ( dot ) com


      Originally Posted by thesnakeman View Post

      The advice above is good.
      As an add-on I suggest do a search for the said term on the web and see if anyone is actually using it as a trademark for the same business as yourself.
      If they are, then I'd steer clear of using it. If not, then you are probably safe.
      Nowadays most trademark owners do regular searches of the web for their trademark, as we do and you should find evidence of use of the mark on the web pretty quickly if it exists.
      Trademark owners generally close down competitors using their registered trademarks and we have in recent years dropped our tolerance of infringers and I think this is common practice.
      All the best
      {{ DiscussionBoard.errors[5727037].message }}
  • Profile picture of the author sbucciarel
    Banned
    I've registered "dead" trademarks before without any problem. Doesn't mean that you absolutely won't have a problem, as indicated in post #4 by davezan, but often a company will just go out of business and will not be using the trademark any longer. Did you check to see if the trademark had a site still up and running?
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  • Profile picture of the author thesnakeman
    Yes Suzanne your experience would match most real world experience.
    Generally, if someone stuffs up and infringes a trademark, a cease and desist goes out and that usually ends the matter for the infringer and they cut their losses and run.
    At that stage it's usually just $20 or whatever spent on a domain.
    All the best
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