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Trademark ? where to check and find info on a Trademark (TM) ?

March 5, 2008 | Author: Me | Filed under: Domain Industry News, General

Ever been afraid of a name you registred that is trademarked? It’s a good idea to do a trademark search even before you register your domain name, since domain registrars are not obligated to check if a requested name violates an existing trademark. In other words, getting the domain name you request says nothing about whether it will conflict with someone else’s trademark. And if you do receive a domain name that creates a trademark conflict, you could lose the right to it if the trademark owner takes legal action against you.
Here’s an useful link to check out if it is registred in the US or UK.

US patents and trademarks:
http://www.uspto.gov/main/trademarks.htm

UK trademarks:
http://www.ipo.gov.uk/tm/t-find/t-find-text/

Should I Trademark My Name?

Trademark infringement existed before the Internet, but the ease of registering domain names has increased the challenges of trademark rights. Because anyone from high school students to multi-million dollar corporations can register domain names at little expense, it may be a good idea to register your name if you feel it could be threatened by a cybersquatter.

This is especially true for people whose names are also their profession, like actors, car dealers, even fashion designers. Designer Ralph Lauren has had his name trademarked since 1972 for added protection. Fashion designer Donna Karan found her trademark useful when she fell victim to a dispute over her name. A man unknown to her, Richard Wilson, had registered the domain name www.dkny.biz. Karan had already owned www.dkny.com and www.donnakaran.com, and filed suit with the WIPO stating Wilson registered the domain name in bad faith. The WIPO panel agreed with Karan, requiring the domain name to be transferred from Wilson to The Donna Karan Company.

How to Trademark a Name

Anyone whose name also identifies a business or profession should consider trademarking their actual name. If you are considering establishing a trademark for your name, you should first perform a trademark search with LegalZoom or by going to the U.S. Patent and Trademark Office’s (USPTO) Web site at www.uspto.gov , to determine if it is claimed as a mark by someone else. The USPTO reviews trademark applications for federal registration and determines whether an applicant meets the requirements for federal registration.

This entry was posted on Wednesday, March 5th, 2008 and is filed under Domain Industry News, General. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

xygoxen

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betty wrote on May 28, 2008 - 8:10 am | Visit Link

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