xtube.com trademark
 

Hello guys, i would need to know if xtube.com still has its registred trademark as i own a domain name which contains xtube word... by reading some info looks like xtube trademark was cancelled after ex parte appeal:

http://www.trademarkia.com/xtube-85392503.html

Manwin Appeals Trademark Examiner's Decision Over XTube - XBIZ Newswire

does any one know if this this is a final decision from the trademark office and if this means that they can't claim any domain name which contains xtube word ?

thanks for your help

Andy

so, as i thought it is cancelled.

Thanks for sharing the link :-)

They can still sue you if they don't like your name. They may not win, but they can cause trouble for you. Why not just pick a better name?
DGSTube = DontGetSuedTube.com:winkwink:

fuck mindgeek, register the shit

if they don't have any trademark this means that they have no right to sue me..

Just try out. Good luck.

They can sue you and they will win...

Just because they let the trademark expire in a registered database, has nothing to do with them not still having the trademark. In the states if you have any record of doing commerce with the term you automatically have right to the trademark.

Who said you need the right to sue someone?
The 10 Most Ridiculous Lawsuits of All Time

1.7 What needs to be shown for the complainant to successfully assert common law or unregistered trademark rights?

WIPO Overview of WIPO Panel Views on Selected UDRP Questions, Second Edition ("WIPO Overview 2.0")

Not a legal opinion or advice. I was just curious as to the WIPO UDRP precedent. You can sue anyone you want in civil court -- costs $100 in filing fees (about).

they didn't just let the trademark expire, it was refused and cancelled from the trademark office because it was in conflict with another name previously registered.
You might be right but what happens if the other name operates outside of the united states, for instance in EU ?

https://oami.europa.eu/eSearch/#deta...arks/010189207
EU trademark registry
Consult a trademark attorney

WIPO/UDRP would accept a registered trademark ...

my Paisano, trust me its not worth the future headache, a lot of times no one will bother you until you build a website and start ranking...then you get a S&D letter from their attorney asking you for the domain name and threatening to sue you for $200k

I had to turn domains over in the past myself, I had no idea certain terms were trademarked.