For Sale "Expiring Soon" trademark?? Need advice...

[yahtool]

I just received an email and need some advice.

It states, "I was granted a Federal Trademark in the United States Patent and Trademark Office for the term "Expiring Soon". Do a search at www.USPTO.Gov and do a Free Form trademark search for "Expiring Soon"."

I did check and there really is a trademark for that phrase.

Word Mark: EXPIRING SOON

Goods and Services: PROVIDING A WEBSITE FEATURING INFORMATION ABOUT AVAILABLE INTERNET DOMAIN REGISTRATIONS, LISTS, ROSTERS AND DATABASES OF DOMAIN REGISTRATION THAT ARE EXPIRING SOON.

This phrase is on the following page of my website: http://www.yahtool.com/search

Phrase: Expiring Soon Domains

Now, this page is actually from my partner program through LocalWhois.com, so it's not really part of my site.

I guess my question is, what law prevents me from having that phrase on a website, be it mine or anyone else?

Am I really infringing on a trademark?

Thanks...

 

[Zoobar]

Change phrase from "Expiring Soon Domains" to "Expiring Domains". You get a better phrase and you wash your hands of this

 

[dotsofdomains]

First, this is an example of a lazy examiner being asleep at the wheel at the PTO, while, apparently, no one bothered to object to this obviously descriptive/generic phrase as applied to these services.

Second, the word mark is ONLY published on the supplemental register--meaning that the registrant can only hope to be able to establish what is called "secondary meaning" --namely, that consumers will come to associate the phrase with one, and only, one company.

Ha! I visited your site. You use the term descriptively, not at all "in a trademark manner."

Ignore the puffery of this blowhard. My guess is you will not be the last to receive one of these ridiculous cease and desist letters.

 

[DropWizard.com]

If your use preceeds his you're OK.

Would be a good idea to protest it. You can just by writing them a letter and objecting.

 

Your bigger problem is "yahtool.com." By my count, Yahoo has become the champion UDRP user. Almost every week their busy lawyers bring forward new arbs, most of which are won.

Miles

 

Like dots says, you use the term descriptively not as a "brand", so I wouldn't worry.

Has bill actually threatened you or asked for money from you?

 

[domainduck]

Trademark owner = http://www.domainnicnames.com/


quack

 

Also, the mark is on the supplemental register which I've been informed means it carries virtually zero weight.

http://www.registercentre.com/glossary_sz.html

Supplemental Register

A registry of the U.S. Patent and Trademark Office for names that are not distinctive. The protections afforded marks in the Principal Registry are not offered to those in the Supplemental Registry.

 

[domainduck]

Supplemantal ??

Sheese, and I thought I knew everything!?



quack, quack, quack