Generic or TM - "Smart Car"

[JohnnyV]

hello everybody
.. i seem to have found a very GRAY area where i havenot been able to get ANY concrete answers.. so i turn to the experts of DNF



my recent registration:

• Smart-Car.co



question is...
... is this considered a generic or a tm name?


me, personally, i'm pretty sure the term 'Smart Car' is a generic and i should be plenty ok

.. from what i have found - smartCAR (the mini car) IS trademarked - but only by design - as being 'lowercase smart' ... point being - i think (think) this is just a marketing and logo issue. (?)


"It is marketed as the "smart" in all lower-case, with the Smart brand logo, as of 2010, denoting a letter "c" for "compact" and an arrow for "forward thinking"

http://en.wikipedia.org/wiki/Smart_%28automobile%29




also..

.. the term smart car has been around since the 60's.. i don't know how any company can have such a generic trademark on the words themselves.




What is a Smart Car?
"Also known as intelligent cars, smart cars are vehicles that are equipped with system-driven forms of artificial intelligence. The underlying concept of the smart car is to free the driver from many of the mundane tasks associated with driving, making the act of driving more pleasant. Proponents of this type of technological innovation often note that by relieving the driver of at least part of the decision-making process, there is the possibility that the widespread use of intelligent cars would help to make roadways much safer than they are today. "


http://www.wisegeek.com/what-is-a-smart-car.htm



and here are just a few other examples of the term 'Smart Car' being used as a generic and a few other manufacturers plans to develop:

Smart Cars: the Future of Automobiles

"These smart cars are more dependent on technology and technical skills and are aided in their functioning by computerized devices and automation technology. The experimentations with reference to the development of smart cars have led The European Commission to draw up a special program known as the Intelligent Car Flagship Initiative whose main aims include formation of smart cars having certain features like lane departure warning system, project AWAKE for lethargic drivers and Autonomous Cruise Control."
http://moso-technology.com/2010/09/s...f-automobiles/


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Intel developing smart car technology
http://www.igovernment.in/site/intel...chnology-37917


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MyFord Mobile App Makes Ford Focus a Smart Car
http://gigaom.com/mobile/myford-mobi...s-a-smart-car/


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BMW Vision - The Smart Car Concept
http://1001carsgalleries.blogspot.co...r-concept.html


**This one actually looks pretty cool!!


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PNNL Developing Smart Car Technology to be Used Nationwide
http://www.keprtv.com/news/tech/108815629.html


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Volvo S60 smart car and price
http://www.carsguide.com.au/site/new..._car_and_price


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also...
.. it sounds like this company is not doing so hot right now (smart)
.. point being.. if this company fades away, does the term 'smart car' fade along with it? .. i don't really think so.


we have smart grids coming where you will be able to plug your smart car into your smart home and charge them all from stored energy..


i can't possibly seeing anybody laying claim to tm'ing Smart TV.. Smart Phone... Smart Grid... Smart Home... super phone... super computer... etc... what makes smart car so different?


Would love to hear your feedback on the name itself as a tm topic...

thank you for your time.

[gingeman]

Useage?

Put a parked page up with smartCAR ads, or a page selling their products etc, or attempt to profit from their success using this name, and you will likely find yourself in trouble.

Create a site dedicated to the generic term and stay clear of serving ads or selling anything smartCAR related, and you should be OK.

TBH, the name is not good enough to be in danger of attracting a lot of attention unless you do something blatant with it.

[draggar]

A lot of TMs for that keyword set.

Gingerman has the right train of thought - stickwith the generic meaning but it seems like there are some TMs very close to the generic meaning.

Not worth the risk to me but if you can get around non-TM generic meanings you might be OK.

[JohnnyV]

@Gingerman
@Draggar

Thank you for your time in answering this question.
if i can ask though...
... are your answers opinions or facts?
i was looking for something pretty concrete... most people have only given their distant opinions on this matter more so than actually knowing for sure.
.. understandable - who wants to do research for something they don't have to.


so.. I checked all tm's
.. mostly everything is dead but one singular and one plural - nothing more

from what i can make out, it also appears that the tm is logo/image based, not necessarily 'terminology'
i could be wrong... but then again, i don't think it's permissible to tm such a generic term
.. as asked.. how come no one came around and tm'ed smart phone or smart home, or smart tv..etc
.. my thinking is - because you can't... is this correct?


also...
.. i understand that the term today may not look like that great once you remove 'daimler' form the picture, but smart cars of the future will be a lot bigger then the daimler model you all see and know of today... everything is going smart these days - all devices are talking to other devices and this will also be true once smart grids are implemented and are talking to our cars... and we're plugging in to our homes... so this was why it seemed worth the gamble to me.. i have no intention whatsoever of using this name for the Daimler model


this name would obviously need a lot of time worth of maturing... throw in the hyphen and maybe this should be sent back - not worth the headache or the time.


thanks again for your answers .. appreciated

[Gerry]

If you do not point to or include anything relating to the automotive company and brand Smart Car you should be alright.

This should not be construed as legal advice...just an opinion.

[draggar]

Say Apple computers lets apple.com drop and I am lucky enough to get it. If I use it as a site to promote the fruit (apples, apple pie, apple tarts, apple jelly, apple cider, apple trees) there is almost nothing Apple Computers can do about it (other than make me offers on it)

The milisecond a computer related ad appears on the site, though, I'm sure they'll be ready with a WIPO.

The same is true with your domain, if you can find a way to monetize it without infringing on their trademark (which IMO won't be easy).

Granted, I am not a lawyer but this is how things generally go (but as always, there can and will be exceptions).

[JohnnyV]

Say Apple computers lets apple.com drop and I am lucky enough to get it. If I use it as a site to promote the fruit (apples, apple pie, apple tarts, apple jelly, apple cider, apple trees) there is almost nothing Apple Computers can do about it (other than make me offers on it)

The milisecond a computer related ad appears on the site, though, I'm sure they'll be ready with a WIPO.

The same is true with your domain, if you can find a way to monetize it without infringing on their trademark (which IMO won't be easy).

Granted, I am not a lawyer but this is how things generally go (but as always, there can and will be exceptions).

thanks again draggar...
.. and yes, i am pretty familiar with the 'guide lines' of tm and domaining...
.. but this term seems to be a 'special case'...
.. this seems to be a much more gray area.

there are not many other examples of another company completely tm'ing a generic product that they sell or make that i can think of


as an exact parallel maybe you can help with this example...

... can some mobile company just come along and tm "MOBILE PHONE" as their latest mobile phone??
and basically prohibit anyone from using the term mobile phone to sell.. well.. a mobile phone?

... can a smart tv maker trademark the "term" 'smart tv' as their latest tv and thus prohibit others in the tv industry from using the term 'smart tv' on all other sets?

this seems no different

i still can't understand how any company within it's own industry, can trademark the technology of that industry.
this just doesn't seem to logically make sense...

... and this is probably where i'm stuck in understanding this one.. please don't think i'm trying to be defiant - i just want this to make sense to me as a whole
.. i'm probably going to send the name back at this point, but now i just want to understand this a little better, ya know


**btw.. i already have a landing page setup - nothing special - just a few links (the ones from the top of this post - haha)
.. but i only did it to make sure this was never intended to appear as 'bad faith'

thanks again