Urgent TM Question......

[mrcurly]

Hi,

I am thinking about getting a trademark, however the domain has already been taken years ago but I am able to buy the plural of the trademark and my question is that if I do buy the plural and my trademark gets accepted is the plural domain still a winner?

I see that Apple own iphone.com but do not own iphones.com.

I have contacted the owner of the exact domain match but he is not interested in selling.

Will the trademark and the plural domain be a good investment, or do I really need the singular?

Any immediate reply would be appreciated as there is a time limit on my potential plural buy.

Thanks

 

[jyna]

I also looking for an answer to this question.


Bump-

 

[amplify]

Owning a trademark and domain name is like comparing apples and oranges.

I don't understand your underlying question.

Is owning the plural more beneficial? In some cases, yes. In others, no. It depends on the root of the word and the meaning.

For instance, let's say that Apple didn't exist and wasn't a huge corporation. Would apple.com be worth more than apples.com when comparing to the overall product of apples (as we all know there are many types)? In my opinion, apples.com would be the winner. Now the fact exists that it is a corporation. Apple is more of a brand than it is a generic term, though their logo seems to say otherwise. If you were a true seed distributor, owned apples.com and sold seed from there... it would be a winner in that sense too. Of course, it will get type in traffic and Apple will do anything in their power to stop you, even though you're operating a legitimate business.

It really goes to what the usage of the domain will be and if the singular is in use and be used in the same manner.

If you do get a trademark on the plural, it becomes a success and the singular tries to capitalize on your product, you have a case to go after them then.

 

[Focus]

First usage in commerce is more vital in some instances than a trademark in my opinion. The question is are you trying to go after the other domain or something?

 

[amplify]

First usage in commerce is more vital in some instances than a trademark in my opinion. The question is are you trying to go after the other domain or something?

That's what I thought at first, but gave the benefit of the doubt of not reverse domain hijacking, just seeing what would be more beneficial to his business. I just don't understand why a TM is necessary with his given question or what exactly he is asking...

Is plural better than singular?

Do I need a TM to protect myself from the singular owner?

or (where you were going with it )

If someone owns the better singular and I register the plural then trademark it, can I take the singular from its rightful owner?

 

[Jack Gordon]

I am with David on this. It really depends on what the word is.

Let me ask you this... does the plural make sense for your business? Will you be satisfied using it for years to come?

If the answer is yes, then why not just trademark the plural version instead, and consolidate your interest there?

Another question... is the singular version similar enough to any other trademarks that it could be contested? Think of the TM process as a long, slow obstacle course. They will be looking for any reason they can to deny your application, not helping you get to the finish.

Final question, and this goes along Focus's questioning... why do you think you need a trademark in the first place? Is there a compelling reason? In many cases, it may be completely unnecessary.