For Sale tm question

[Belzibut]

Hi, lets say I own a name of a pretty big company located worldwide but no yet in Canada. They do however have Canadadian trademark for their name in Canada. They are a software and computer parts company. They do not comply with the Canadian Cira requirement.

Now if I use the domain and set it up for example as a web design company or hosting company and incorporate it would they still be able to take it away from me? That's what has been holding me from developing this domain.

Thanks in advance,

David

 

[liberator]

You'd have a much better shot at keeping it, if it was an incorporated business, that doesn't infringe on their industry. So I would say your probably in the clear as it wouldn't be considered a bad faith registration IMO

 

[theinvestor]

Many companies have similar names that are trademarked. As long as your product is no way associated with their product. Then you have no issue.

 

[DropWizard.com]

David

sounds to me like you are running pretty close to the line. I think you'd be wise to get legal advice on this one.

Have you read their full tm and others through? Big companies frequently have a list of tm's and what one doesn't cover the other might.

 

[hugegrowth]

You say they have a trademark in Canada and they are a software and computer parts company.

If you use the domain for web hosting/web design that might be considered a different line of business, even though it's still technology. Does their trademark cover use for web hosting and web design?

If you are serious to get started with this you should get legal advice from a trademark specialist, and if you're in the clear then get a Canadian trademark to use the name for your purposes. Then if the other company comes calling in the future you are covered.

 

[Rebel.com]

They do however have Canadadian trademark for their name in Canada. They are a software and computer parts company. They do not comply with the Canadian Cira requirement.

David

Unfortunately this is incorrect, if they hold a Canadian TM they do in fact meet CIRA presence requirements. They qualify under the legal type of Trade-mark registered in Canada by non-Canadian owner.