TM: Need Help

[G.A.]

I want to protect some of my domains by registering them as trademarks. Does any one know which country provides the fastest and the most convenient TM registration?

i.e.: shortest pending period with not many restrictions(e.g. residential)

Thanks!

 

[debath]

Good question. I hope one of the wonderful attorneys who visit the board may be able to advise the fastest and most convenient for this purpose.

Also, while we're on the subject, how do you go about registering a logo as well?

Thanks in advance,

Debbie

 

[jberryhill]

Tunisia - 24 hour service.

The better question is why you think that filing for a Tunisian trademark registration will help you to protect your domain names.

 

[GeorgeK]

Did any folks with Tunisian TMs do well on .biz/.info sunrise applications?

 

[pljones]

Maybe I'm wrong, but I don't think obtaining a "quickie" TM in Tunisia or some other similar country is going to add any special protection for your domains in the United States.

 

[Kazam]

removed

 

[G.A.]

Originally posted by jberryhill
Tunisia - 24 hour service.

They accept on-line registration? Could you please show us the link if so? Thanks!

 

[Dominata]

I think,(from reading other posts here)
The use of the name would offer more protection than a foreign trademark.

My question would be, does the name have to be used for commerce or will any fair use site work as long as no reference is made to a would be complaintant?

How long would the site need to be in use to establish common law trademark status and again would it need to be a commerce site?

 

[jberryhill]

"The use of the name would offer more protection than a foreign trademark."

I agree.

"My question would be, does the name have to be used for commerce or will any fair use site work as long as no reference is made to a would be complainant?"

It depends on the name. It is hard to conceive of a use for, say, "Kodak", since the term has no meaning other than as a reference to the company known by that mark. A word like "Camel", on the other hand, certainly has a meaning apart from a brand of cigarettes.

"How long would the site need to be in use to establish common law trademark status and again would it need to be a commerce site?"

Using a domain name simply as an address for a site is not a *trademark* usage of the domain name. For some background on that issue, you might consider the distinction between use as an "address" and use as a "trademark", which is discusssed here:

http://www.uspto.gov/web/offices/tac/notices/guide299.htm

 

[IPatlas]

Originally posted by lotsofissues
....
Why does every goddamn task require a lawyer!!!

LoL .. I 've exclaimed this one before!
Try and look at it this way: When you have a TM dispute, a lawyer is hounding you on the other side, and one who has done this before many times most probably. This is like taking up Michael Jordan or any professional baskeball player for that matter on a one-on-one game. You better be darn good.

Cheers

 

[jberryhill]

"Why does every goddamn task require a lawyer!!!"

Because maybe if someone asked a lawyer, "Is filing for trademark registration in some foreign country going to help 'protect' my domain names against some threat that I haven't mentioned?"

...then a lawyer might say, "Why do you want to do that?"

...and a lawyer might explain why doing that might not be the best approach for your situation.

You can probably teach just about anyone how to perform an appendectomy. And if that is all they know how to do, then they'll be happy to provide one to anybody who has a stomach ache.