Where to check for trademarks - GoFuckYourself.com

SpicyM · 09-20-2017, 02:24 PM

Where can I reliably find out if a domain or product name is trademarked?

Here is the problem:

I want to register a one word domain though I have found a German company that uses the exact word for one of their products with the trademark symbol. I checked all databases that I Googled up and found no registered TMs in EU, USA or Germany. Not even a similiar name. Zero results.

So.. I assume their claim the TM but don't have it registered.. But what to do to be 100% sure? I don't want to get in trouble.

Another question is, can I use the name if it is claimed but not registered??

EDIT: Googled it all up and seems I should avoid using the name to be safe.

Adraco · 09-20-2017, 02:48 PM

They might have a patent or trademark ?pending? and for most such pending applications, as long as there are no objections, will eventually pass. Then they will get their trademark from the day they first applied. So if someone is already using your word or name, and claim trademark, for the same sort or type of product/service - my best advice would be to stay away and find another word/name for your stuff.

Barry-xlovecam · 09-20-2017, 03:16 PM

https://www.tmdn.org/tmview/welcome <==Europe
TESS <== USA, Madrid

You can register a similar or even identical trademark for a different type of enterprise. The current trademark owner has to challenge it with the trademark issuing authority -- you would have to answer his claim and prevail in the registration.

I suggest you hire an attorney competent in challenged trademarks

This probably is not going to be a 1,2,3 done deal ...

Smack dat · 09-20-2017, 03:20 PM

What is the word?

OneHungLo · 09-20-2017, 03:55 PM

Quote:

Originally Posted by SpicyM

Where can I reliably find out if a domain or product name is trademarked?

Here is the problem:

I want to register a one word domain though I have found a German company that uses the exact word for one of their products with the trademark symbol. I checked all databases that I Googled up and found no registered TMs in EU, USA or Germany. Not even a similiar name. Zero results.

So.. I assume their claim the TM but don't have it registered.. But what to do to be 100% sure? I don't want to get in trouble.

Another question is, can I use the name if it is claimed but not registered??

EDIT: Googled it all up and seems I should avoid using the name to be safe.

If you're going to spend any considerable amount of time or money on this venture, talk with a trademark/ip attorney

Matt 26z · 09-20-2017, 04:29 PM

Even if there is a trademark, as long as you are in a different business than their product you are probably good to go.

SpicyM · 09-21-2017, 01:58 PM

Quote:

Originally Posted by Matt 26z

Even if there is a trademark, as long as you are in a different business than their product you are probably good to go.

They are a sex toy manufacturer, so probably not.

SpicyM · 09-21-2017, 02:02 PM

Quote:

Originally Posted by Barry-xlovecam

https://www.tmdn.org/tmview/welcome <==Europe
TESS <== USA, Madrid

You can register a similar or even identical trademark for a different type of enterprise. The current trademark owner has to challenge it with the trademark issuing authority -- you would have to answer his claim and prevail in the registration.

I suggest you hire an attorney competent in challenged trademarks

This probably is not going to be a 1,2,3 done deal ...

Thanks.

It's not worth the risk for me, I will rather register a different domain name.

bns666 · 09-21-2017, 03:06 PM

hire an attorney and let them check out ...

09-20-2017, 02:24 PM	#1
SpicyM Confirmed User Industry Role: Join Date: Aug 2006 Posts: 4,534	Where to check for trademarks Where can I reliably find out if a domain or product name is trademarked? Here is the problem: I want to register a one word domain though I have found a German company that uses the exact word for one of their products with the trademark symbol. I checked all databases that I Googled up and found no registered TMs in EU, USA or Germany. Not even a similiar name. Zero results. So.. I assume their claim the TM but don't have it registered.. But what to do to be 100% sure? I don't want to get in trouble. Another question is, can I use the name if it is claimed but not registered?? EDIT: Googled it all up and seems I should avoid using the name to be safe.

09-20-2017, 02:48 PM	#2
Adraco Confirmed User Industry Role: Join Date: May 2009 Location: Onboard an airplane around the globe Posts: 3,733	They might have a patent or trademark ?pending? and for most such pending applications, as long as there are no objections, will eventually pass. Then they will get their trademark from the day they first applied. So if someone is already using your word or name, and claim trademark, for the same sort or type of product/service - my best advice would be to stay away and find another word/name for your stuff. __________________ ---------------------------------------------------------------------------------- The truth is not affected by the beliefs, or doubts, of the majority.

09-21-2017, 03:06 PM	#9
bns666 Confirmed Fetishist Industry Role: Join Date: Mar 2005 Location: Fetishland Posts: 11,521	hire an attorney and let them check out ... __________________ ⭐ CAM SODA ⭐ STRIPCHAT ⭐ ⭐ CHATURBATE ⭐ X LOVE CAM ⭐

09-20-2017, 03:16 PM	#3
Barry-xlovecam It's 42 Industry Role: Join Date: Jun 2010 Location: Global Posts: 18,083	https://www.tmdn.org/tmview/welcome <==Europe TESS <== USA, Madrid You can register a similar or even identical trademark for a different type of enterprise. The current trademark owner has to challenge it with the trademark issuing authority -- you would have to answer his claim and prevail in the registration. I suggest you hire an attorney competent in challenged trademarks This probably is not going to be a 1,2,3 done deal ...

09-20-2017, 03:20 PM	#4
Smack dat So Fucking Banned Industry Role: Join Date: Jul 2016 Posts: 4,613	What is the word?

09-20-2017, 04:29 PM	#6
Matt 26z So Fucking Banned Industry Role: Join Date: Apr 2002 Location: ¤ª"˜¨๑۩۞۩๑¨˜"ª¤ Posts: 18,481	Even if there is a trademark, as long as you are in a different business than their product you are probably good to go.