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I have a domain Logiwell (.com)
My client want start a company with this domain.
Who can help me to know if Logiwell is a TM?
The .net and .org version are reg'd (logiwell consulting).
Who can help me??
USPTO.gov will show whether there is a trademark registration or an application thereof; however, it does not mean that there is no use of the mark in the US or elsewhere.
So is better he launch his worldwide company with this domain or is better he use a new name?
I see there is a Company called "Logiwell" in Japan so they will
have rights in that name, albeit not a trademark but still they could
take UDRP or legal claim.
Even if there are TM's, the way in which your client uses the domain could be more important. There are ton's of companies with the same name and trademark but not all have a right to the domain name. Check out the TM's database and you'll be amazed.
I would be careful not to use the domain the same way an existing company is currently using the mark to avoid any potential conflicts.
Agreed, usage is key. If you are clearly not using it for the same purposes as any others who have a tm/other domain extension, you will most likely be ok. Doesn't mean they won't try though.
Just because someone else is using it does not mean you can not also obtain trademark rights in a different market or class of goods/services. Trademark law is complicated. There is never a "yes" or "no" answer to these questions. There is always some level of risk associated with the use of any word. The real question is whether it is an acceptable level of risk.
Obtain a trademark availability opinion and risk analysis in any word you intent to invest money in as a trademark or domain name. You want to make sure you don't have to re-brand after spending a ton of money. Nor do you want to go through the long arduous process of finding a new word with both trademark clearance and domain availability if you don't have to. Feel free to give me a call if you have any other questions.
Enrico Schaefer, Attorney
Domain Name Dispute & Trademark Attorney
enrico.schaefer [@] traverselegal.com