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  1. #1
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    Question Need help from you expert guys!

    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??
    Thanks.

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  4. #4
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    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.

    DomainGang.com - Most often DDoS'ed domain blog!
    Acroplex - Web & Graphics Development
    Acro.net - Domain Investing Rants and Raves

  5. #5
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    Thanks guys!
    So is better he launch his worldwide company with this domain or is better he use a new name?

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    Quote Originally Posted by Carter View Post
    Thanks guys!
    So is better he launch his worldwide company with this domain or is better he use a new name?
    It's up to him. The com/net/org are taken, I don't see any other major international TLD's active.

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  7. #7
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    Quote Originally Posted by Acro View Post
    It's up to him. The com/net/org are taken, I don't see any other major international TLD's active.
    Thanks for the help Acro

  8. #8
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    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.

    DG

  9. #9
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    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.

  10. #10
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    Quote Originally Posted by acronym007 View Post
    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.
    Thanks!

  11. #11
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    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.

  12. #12
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    Quote Originally Posted by flamewalker View Post
    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.
    Thanks!
    I will think some days about this before take some decision about.

  13. #13
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    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

  14. #14
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    Quote Originally Posted by EnricoSchaefer View Post
    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
    Thanks very professional analysis!

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