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-   -   Trademarks and new TLDs? (https://gfy.com/showthread.php?t=1148315)

datingfactory.xxx 08-22-2014 11:45 AM
Trademarks and new TLDs?
 
If a domainname and one of the new TLDs together adds up to a registered trademark,
f.ex if .chat was available and someone registers roulette they would get the domain roulette.chat!
Would this be against any rules?
Or is it only the part in front of the TLD that is protectable?

JosephFM 08-22-2014 11:57 AM
I was going to register a domain.club but the registration did not go thru because domain club together was a trademark.

Barry-xlovecam 08-22-2014 01:00 PM
All new names of the New TLDs must be inspected against the Trademark Clearing House http://newgtlds.icann.org/en/about/t...-clearinghouse databases of registered trademarks -- the new registries are charged for this. Trademark names are rejected to be registered unless the registrant is the rightful trademark owner.

Good question including the .string as a wordspace? Seems so by the above ...

** see > http://newgtlds.icann.org/en/about/t...ringhouse/faqs still reading

Barry-xlovecam 08-22-2014 01:14 PM
Quote:
No, potential domain name registrants will not receive a claims notice when attempting to register a domain name that matches the name of a trademark recorded in the Clearinghouse during the Ongoing Notifications period. That warning notice will only be sent out during the original Trademark Claims Period. However, you as a trademark holder will be notified when the domain name is registered in a New gTLD.

http://trademark-clearinghouse.com/h...pting-register
A domain name is inclusive of the domain string (the .extension) by a read of this.

datingfactory.xxx 08-22-2014 01:21 PM
Ok.
So if I was able to register "roulette.chat" without problems my domain is free to use?

aka123 08-22-2014 01:29 PM
Quote:
Originally Posted by datingfactory.xxx (Post 20201504)
Ok.
So if I was able to register "roulette.chat" without problems my domain is free to use?
Depends what you mean about "free to use"? I doubt that there would be a list of all trademarks, not to speak of "common" trademarks.

Technically yes, but otherwise you never know, until you know.

datingfactory.xxx 08-22-2014 01:45 PM
Ok thanks.
I guess there will be much arguing in the future now with all TLDs that are actual words and not simple combinations of two three or four letters.

Barry-xlovecam 08-22-2014 02:57 PM
Quote:
Word Mark ROULETTECHAT.COM
Goods and Services (ABANDONED) IC 042. US 100 101. G & S: Providing a website featuring technology that enables users to communicate with each other in real time using both video and audio. FIRST USE: 20031121. FIRST USE IN COMMERCE: 20031121
Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 77968990
Filing Date March 25, 2010
Current Basis 1A
**names and address omitted
Type of Mark SERVICE MARK
Register PRINCIPAL
Live/Dead Indicator DEAD
Abandonment Date December 29, 2010
Yes, only because the trademark is dead.

Barry-xlovecam 08-22-2014 03:08 PM
HOWEVER, what claims these people may have of your using a similar name in bad faith night have?
Quote:
Word Mark CHATROULETTE
Goods and Services IC 038. US 100 101 104. G & S: Telecommunication services, namely, providing real time video communications in the nature of transmission of information through video communication systems, chat video messaging in the nature of virtual rooms established via text messaging, and electronic transmission of entertainment and information content; computer services, namely, providing on-line facilities for real-time interaction with other computer users concerning topics of general interest; providing internet video chat rooms. FIRST USE: 20091205. FIRST USE IN COMMERCE: 20091205

IC 045. US 100 101. G & S: Computer services, namely, providing information regarding and in the nature of on-line dating services, on-line video social introduction services, and on-line video communications in the nature of on-line social networking services; video chat services, namely, on-line social networking services for the purpose of providing an on-line computer database enabling strangers to meet and communicate real-time; providing a social networking website for entertainment purposes. FIRST USE: 20091205. FIRST USE IN COMMERCE: 20091205
Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 85214314
Filing Date January 10, 2011
Current Basis 1A
Original Filing Basis 1A
Published for Opposition September 24, 2013
Registration Number 4445843
Registration Date December 10, 2013
**name and addresses ommited
Assignment Recorded ASSIGNMENT RECORDED
Attorney of Record Glenn A. Gundersen
Type of Mark SERVICE MARK
Register PRINCIPAL
Live/Dead Indicator LIVE
Before you start the GFY bullshit defense: The names are confusingly similar to the existing trademark, one that you have no right in. That is bad faith use if your use is similar to their trademark claim.

datingfactory.xxx 08-22-2014 03:22 PM
Ok, roulette.chat was just an example it could have been bull.red or any other name.
I was just not sure if the whole domain including the .TLD was included in the "trademark"
I guess it is after the answers I got so far.
And I understand that roulette.chat can be use in bad faith and is very similar to chatroulette that is a trademark.

suesheboy 08-22-2014 03:55 PM
Quote:
Originally Posted by Barry-xlovecam (Post 20201630)
HOWEVER, what claims these people may have of your using a similar name in bad faith night have?

Before you start the GFY bullshit defense: The names are confusingly similar to the existing trademark, one that you have no right in. That is bad faith use if your use is similar to their trademark claim.
Well said


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