Trademark question - (Name a city)Realtor.com

[nydomain]

Just noticed a thread shut down in the Offers Wanted section b/c the domain SonomaRealtor.com apparently violates the trademark on REALTOR: http://www.realtor.org/letterlw.nsf/...rkLogoInternet.

My question is this: can you really trademark a term like realtor? I personally think this is complete bologna because it is an English word not some made up brandable term. That's like trademarking a word like refrigerator, gold, bench, sports, etc... Thoughts?

[Gerry]

Short answer...yes. It is trademarked. The Realtors association is trademarked and the word Realtor refers to their profession.

Unfortunately, that is the truth. I personally did not know it until I got a letter from the association. It has actually been a trademarked term since 1950 and demonstrates a title upon passing an exam.

[Cartoonz]

if a licensed Realtor in Sonoma were to own the name, it may be different. But, short of that, forget it. They fiercely protect that mark.

[nydomain]

What's stopping some organization from trademarking the words jeweler or accountant?

[Gerry]

What's stopping some organization from trademarking the words jeweler or accountant?

No one. But I am not sure they have the lobbying power of such a large well organized group.

Plus, it does no good to say what is to stop so and so until they attempt to register the word/name as a trademark and it is either approved or denied.

And, since it has a TM date of 1950 one can only guess the laws have changed over the course of 60+ years.

[nydomain]

it does no good to say what is to stop so and so until they attempt to register the word/name as a trademark and it is either approved or denied.

Respectfully disagree. If we see a potential problem, we have full rights to voice our opinions.

[nydomain]

My question is more geared to find out what is or can be trademarked and which domains we should avoid purchasing to avoid future legal disputes. I was under the impression that all generic terms are fair game, which apparently isn't true.

What other generics are off limits? Should they be?

[urlurl]

apple - if you are selling computers, as an example

[Maxwell]

What's stopping some organization from trademarking the words jeweler or accountant?

I'm an ex-Realtor. The long and the short of it is that it is a term coined by the NAR (National Association of Realtors), used to refer to "Real Estate Agents".

The reason why the layperson thinks it's generic is because it's so commonly used. It has created a brand over product recognition much like Kimberly-Clark has done with facial tissues and the word "Kleenex". And what Gojo Industries has done with hand sanitizers and the word "Purell". And what Jacuzzi has done with hot tubs and the word "Jacuzzi".

It's just like if I were to come up with a title for a designation as a professional domainer. We'll call this title "Domainmeister".

The word "domainer" is a generic term. Therefore, it would be quite difficult for me to secure a trademark on it.

But nobody's used the term "Domainmeister" before. That's because I just made it up. Not being as much of a generic word as "domainer" is, this would make it easier for me to land a trademark registration on the term.

If I only allow those who pass a certification process as outlined by me, pay an annual fee to my organization and so forth, to call themselves a "Domainmeister" they've got to do it. Since I own the trademark, and what I say goes.

This is exactly what NAR did with the term "Realtor". Therefore, any use of it in a domain name, as would be the case with any other trademark, ought to be considered a trademark risk.

See "Internet use" at the following URL: http://www.realtor.org/letterlw.nsf/...demarkLogoFAQs

Also, see an example of a NAR case at WIPO: http://www.wipo.int/amc/en/domains/s...ase=D2012-0075

[nydomain]

Thanks for the clarification Maxwell. This makes a lot more sense now. They did a great job coining the term realtor!

[Gerry]

Respectfully disagree. If we see a potential problem, we have full rights to voice our opinions.

The point I was making is any name, word, phrase, product, service is subject to the same scrutiny by Trademark Attorneys working with the USPTO. Yes, you can voice your opinion or displeasure but once it is approved, it is approved. There is a posting period for opposition. And, in 1950, I am sure the approval/disapproval process was different. If you want to see what is/is not trademarked, visit uspto.gov. As for the term "realtor" it is a matter of that word being "coined" as having one specific need and unique unto itself and would not exist without the efforts of the Realtors. Just like Google ... that word would never exist without the efforts of the founders of google coining the word and trademarking it.

You can respectfully disagree that the word apple is trademarked. But keep in mind, in that case, the trademark applies to a specific usage and defined term of usage that applies and is used by a specific company.

[Keyword Factory]

The use of R inside the circle means they have registered the trademark.