Trademark Question.....

[Jerry McGough]

Greetings,

I'll try to keep this brief......

Pennsylvania just legalized slot machines....other states are following...."Slots" only.....Slots Parlors...

A local radio DJ says people are going to call them "Slotsinos"...

I immediately register...slotsino.com and slotsinos.com

The purpose of my registration was speculation that this could evolve into a common term and end up in the dictionary.

I later do a general search...curiousif this term has ever surfaced before... and find this...which is completely unrelated to the state parlors.

..............................................


Latin American Gaming in Miami
NorAm expands into North America with Miami HQ
NorAm Gaming & Entertainment Inc. has officially opened its new head office and showroom in Miami's free trade zone.
The offices showcase a line of gaming products including refurbished slot machines and Vaprels 90 number Bingo systems and is busily preparing for the launch of 'Slotsino' concept.
Mr. Julius Csurgo, CEO, says “the Company has been working diligently over the last few months to get the office up and functional in order to help us introduce our new 'Slotsino' concept. 'Slotsino' is a wagering boutique comprised of 100 to 140 slot machines in a facility serving food and beverages in an upscale environment tailored specifically to the growing Central and South American marketplace.”
The company is currently proceeding with a joint venture transaction in El Salvador to open up the first ”Slotsino'”.
Visit our sponsor Casino World News

....................................


Does this sound like a potential trademark issue or...........even though one does not show in the USPTO search?

What if a trademark is taken by someone later....will I still be required to hand these over?

Does this sound like a potentially positive situation?

Any insight on where to go from here greatly appreciated.

Thanks,
Jerry

[Jerry McGough]

Greetings,
For what it's worth....on my post above....I've found....

-the NorAm clip is 3 years old
-I can't find any trace that they followed through with their "Slotsino" plans
-NorAm is listed on the stock exchange...as "nore"....but show as zeroes
-I can't find any trace of this term being used anywhere else

Thanks,
Jerry

[DaddyHalbucks]

Just because a company doesn't have a registered trademark --doesn't automatically let you off the hook.

Trademark rights flow from USE.

If a company has a pre-existing use of the mark they could claim "common law" rights.

Your facts above suggest you are probably OK though.

I AM NOT AN ATTORNEY AND THIS IS NOT LEGAL ADVICE.

[carlton]

The fact that the domains were even available for registration is a strong indicator that the company is defunct. They would certainly get the (.com) for a mark they were trying to protect. Yahoo shows no income statement filing for the company since year 2000 further supporting the notion that they are history.

The absence of a registered mark and the seeming non-use of the term by the company would suggest you're in the clear.

[Nameable]

IANAL:

Does this sound like a potential trademark issue or...........even though one does not show in the USPTO search?

Could be, but it's not worth worrying about it.

What if a trademark is taken by someone later....will I still be required to hand these over?

Possibly... start using them right away, and you'll be able to prove first use though.

Does this sound like a potentially positive situation?

Sounds very positive to me. If the term takes off, you could make some good ppc money or hear from a well-funded buyer.

Any insight on where to go from here greatly appreciated.

IMHO:
Don't worry about TM issues - you did your research and found nothing. Develop the sites or point them at a PPC provider and hope the terms become popular.

[Jerry McGough]

Thanks very very much folks.
I'm in unchartered waters with trademarks.

I'm moving forward with this one.....let's see what happens...
I'm going for the trademark.

Jerry

P.S. DaddyHalbucks.....you'll like one I just took.....NicheDaddy.com

[draqon]

nichedaddy doesnt sound like a profitable name to me, because its not particularly commercial and is overly generic. you didn't really ask for my opinion but i'll give it anway; you are best off if you focus on names that have a clear meaning and a lucrative meaning in business. For example, LoanDaddy.com would be infinitely better because loans involve money, while niches are just strange nouns.

[funkker]

strange