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Domain name trademark help pls?

by theimdude
11 replies
Hello,

I checked and the words "pelagicgear" is not trademarked but the main website they add (R) to the name. I did check on the uspto site and no result come up. the word "pelagic" is registered but not pelagicgear or pelagic gear

Reason I am asking is I have a domain with that name but in my country and want to use it for a local fishing classifieds site. The company that own the domain have closed down and no longer sell the product. There is a new agent here and they using a different domain.

Before I dump the domain could possibly use it for local site and nothing to do with closthing but a local fishing classified site

Any advice pls?
#domain #pls #trademark
  • Profile picture of the author nitesh
    Please register the domain if the domain name is available and start building your brand.
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    • Profile picture of the author theimdude
      Originally Posted by nitesh View Post

      Please register the domain if the domain name is available and start building your brand.
      did you actaully read a word I wrote?
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  • Profile picture of the author Adie
    If the main extension is not trademarked I think there is no problem at all, especially if you are using the domain in a subject not related to the main domain.
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    • Profile picture of the author Alexa Smith
      Banned
      Call me a skepchick, but so far this thread certainly illustrates very neatly why people need to stop asking for, expecting, or trying to take legal advice in this forum: http://www.warriorforum.com/main-int...al-advice.html :p
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      • Profile picture of the author theimdude
        I was not asking for legal advice and as you can see somebody gave me the correct answer. I was wanting just general "advice" as i have already checked the words pelagic and pelagicgear and found no trademark related to fishing. nice if you would first read my ?

        Originally Posted by Alexa Smith View Post

        Call me a skepchick, but this thread certainly illustrates very neatly why people need to stop asking for, expecting, or trying to take legal advice in this forum: http://www.warriorforum.com/main-int...al-advice.html :p
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        • Profile picture of the author Alexa Smith
          Banned
          Originally Posted by theimdude View Post

          I was wanting just general "advice"
          To me, "general advice" about trademarks is awfully like "legal advice". Yes, I see that someone gave you some good advice, now. Well done.
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          • Profile picture of the author theimdude
            Originally Posted by Alexa Smith View Post

            To me, "general advice" about trademarks is awfully like "legal advice". Yes, I see that someone gave you some good advice, now. Well done.
            I know you always want the final say but I asked for info if a company that is using the (R) and when I checked if they did register the name if they registered. Not legal advice just general advice. I do understand concerning trademarks but that is not what I was asking. Thanks for you advice in anycase
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  • Profile picture of the author sbucciarel
    Banned
    If the word pelagic is trademarked, and it sounds as though it is, you cannot use it in a domain whether there are other words in the domain or not, if it is in the same category as the trademarked name. If it is entirely different from the pelagic trademark, you could probably use it. You may still be challenged on it, but at least if you wanted to fight it, you have a reasonable chance of winning.

    That doesn't normally work for any category of say ... Facebook. Try using the word facebook in a domain, even if it the use isn't even remotely similar and you'll probably get a cease and desist from Facebook and lose the domain.
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  • Profile picture of the author Danny Cutts
    I am actually going through the process of registering a trademark :-)

    If someone is displaying the (R) and it is not registered they are breaking the law soooo badly... but you need to check out for sure where their trademark is registered....

    If you are unsure just find another name :-)

    Danny

    PS or seek proper legal advice.....
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    • Profile picture of the author sbucciarel
      Banned
      Originally Posted by Danny Cutts View Post

      I am actually going through the process of registering a trademark :-)

      If someone is displaying the (R) and it is not registered they are breaking the law soooo badly... but you need to check out for sure where their trademark is registered....

      If you are unsure just find another name :-)

      Danny

      PS or seek proper legal advice.....
      Actually, it and variations of it are trademarked and have been since as early as 2002. None of them seem to be related to fishing though.

      Serial Number Reg. Number Word Mark Check Status Live/Dead
      1 79061075 3939884 PELAGIC TSDR LIVE
      2 78384797 3130647 PELAGIC TSDR LIVE
      3 78316759 2928786 PELAGIC NETWORKS TSDR LIVE
      4 78226600 2810714 PELAGIC TSDR LIVE
      5 78178955 2846682 PELAGIC TSDR LIVE
      6 77659787 3941207 PELAGIC EXTREME TSDR LIVE
      7 77772773 3757128 PELAGIC MAGIC TSDR LIVE
      8 77079570 3322783 PELAGIC TSDR LIVE
      9 76005966 2616443 PELAGIC SERIES TSDR LIVE
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      • Profile picture of the author theimdude
        I saw this as well. I did 2 of them is used by different companies in the fishing industry. The world pelagic is also a common word and just checked and the .info is available + a few other. All the registered one is either parked or forsale

        Originally Posted by sbucciarel View Post

        Actually, it and variations of it are trademarked and have been since as early as 2002. None of them seem to be related to fishing though.

        Serial Number Reg. Number Word Mark Check Status Live/Dead
        1 79061075 3939884 PELAGIC TSDR LIVE
        2 78384797 3130647 PELAGIC TSDR LIVE
        3 78316759 2928786 PELAGIC NETWORKS TSDR LIVE
        4 78226600 2810714 PELAGIC TSDR LIVE
        5 78178955 2846682 PELAGIC TSDR LIVE
        6 77659787 3941207 PELAGIC EXTREME TSDR LIVE
        7 77772773 3757128 PELAGIC MAGIC TSDR LIVE
        8 77079570 3322783 PELAGIC TSDR LIVE
        9 76005966 2616443 PELAGIC SERIES TSDR LIVE
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        Do you want 30 back-links in my PRIVATE BLOG network for ONLY $20 ???
        [LIMITED ACCESS + FREE ARTICLE INCLUDED OR YOUR OWN]

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