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-   -   Where to check for trademarks (https://gfy.com/showthread.php?t=1279781)

SpicyM 09-20-2017 02:24 PM

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?? :helpme

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 (Post 22007803)
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?? :helpme

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 :2 cents:

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 (Post 22007907)
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 (Post 22007839)
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 ...


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