[For Newbies] How to stay out of trouble of trademarked domains?

**imneazmh** · 03-03-2009, 10:53 PM

Hello friends, This is NeazMH. This is my first contribution to my Favorite forum- DnForum. I want newbies to know how to stay safe when choosing a domain name. That's why I'm writing.

Even though your choice of domain is brilliant, it may not be so neat from a legal perspective. If your domain name conflict with other company’s trademark, you may receive Cease-and-Desist (C&D) letter from trademark holder or company to stop using the domain. And your all money and sweat you have spent to develop it will go in vain. So, stay out of trademarked domains. Before I show you how to stay out of trouble of trademarked domains, I want you to check following two sources to understand trade mark problems in depth. I personally found following two links extremely helpful; that's why I'm sharing with you.

a) Youtube Interview with a Lawyer
b) A Huge List of FAQs about trademark

How to Stay Out of Trouble?
Are you bit scared? There is nothing to be scared at all. You will be just fine, if you follow the things I show before you register your domains.

The most important place to go for checking potential conflicts is the trademark database of the U.S. Patent and Trademark Office at www.uspto.gov. To check for registered trademarks in the United States, follow following steps:

• Go to www.uspto.gov
• Now click on the Trademarks link.
• Then click on Search TM database (TESS).
• Click New User Form Search (Basic).
• Ok. Now type keywords from your planned domain name in the Search box and click Submit Query. Bingo!!! It will let you know whether there are any trademarks (dead or alive) for your given term.
• Repeat above process for all of your domains you want to register.

And you should do some Google Search with your domain related keywords which will tell you whether others are using it or not.

Hope this short tutorial helps.

Thank you
NeazMH

**snicksnack** · 03-04-2009, 12:04 AM

Interesting, what about trademarks form other countries ? Don't they count ?

**imneazmh** · 03-04-2009, 12:11 AM

Check also other Countries’ databases for potential trademark conflicts:

European Union : http://oami.europa.eu
China: www.chinatrademarkdatabase.com
Russia: www.fips.ru/ensite/
Japan: www.jpo.go.jp/quick_e/index_search.htm

**Vikz** · 03-05-2009, 02:40 AM

Thank you very much for the information. Very useful indeed. Based on the United States trademarks list, is it possible to buy a US trademarked name with a different country's extension without getting into trouble? (for eg: will not register a .com or .us but might look at registering a .be or a .in)

**imneazmh** · 03-05-2009, 07:51 AM

Originally Posted by Vikz

Thank you very much for the information. Very useful indeed. Based on the United States trademarks list, is it possible to buy a US trademarked name with a different country's extension without getting into trouble? (for eg: will not register a .com or .us but might look at registering a .be or a .in)

The rule of thumb is that Just stay away of any trademarked domain whatever the extension is.

Even sometimes generic words can have trademarks but you may use those cautiously. For example, suppose you may register Amazon.cctld but you won't be allowed to use this domain for selling books. However, you may use this domain for other purpose, like providing info about Amazon rainforests.

Hope that you got some idea now.

**biggedon** · 03-05-2009, 08:24 AM

excellent contribution!

sent ya 500 DNF$

**imneazmh** · 03-05-2009, 10:04 AM

Originally Posted by biggedon

excellent contribution!

sent ya 500 DNF$

**Arrogance** · 03-05-2009, 09:25 PM

Appreciate the contribution on TM, good article

**imneazmh** · 03-06-2009, 11:05 AM

Originally Posted by Arrogance

Appreciate the contribution on TM, good article

Thanks for your comment.

**kabir1008** · 03-12-2009, 05:03 PM

good info - what do you do if you have 1 close to a trade mark
I have one gpscityonline.com and there is a gps city trademark name?

**rubardi1** · 03-13-2009, 10:00 PM

I got rid of my 'iphone' one and someone picked it up still. I simply steer clear of trademarks.

**imneazmh** · 03-15-2009, 04:09 AM

Originally Posted by kabir1008

good info - what do you do if you have 1 close to a trade mark
I have one gpscityonline.com and there is a gps city trademark name?

Avoid anything related to trademark name. But if you want to play with fire; the choice is yours.

**Doc** · 03-15-2009, 04:16 AM

well i have a couple of trademark names ... didn't search about them... As soon as i got to know that they are TM names just changed the whois and removed them from sedo parking ? so i let them expire or delete them ?

Thanks

**kabir1008** · 03-15-2009, 04:42 PM

That name I have I registered before I knew about checking trademarks - maybee good to just not do anything with it and let it expire.

Thanks

Glenn

**youngempire** · 03-15-2009, 05:11 PM

Here is a another great website that you can search for prior domain C&D/arbitration legal proceedings:

http://domains.adrforum.com/decision.aspx

**kabir1008** · 03-15-2009, 06:26 PM

thanks!

**MAllie** · 03-16-2009, 06:23 AM

Most interesting information! It's so hard to get, good solid information like this. I have saved it into my special domaining folder for easy access. Thanks a lot, Neaz.

**imneazmh** · 03-19-2009, 12:25 PM

Originally Posted by MAllie

Most interesting information! It's so hard to get, good solid information like this. I have saved it into my special domaining folder for easy access. Thanks a lot, Neaz.

Hi Monica. I'm glad that my short tutorial added some value to your knowledge.

NeazMH