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Old 24-10-2009, 05:12:01 PM     #1 (permalink)

 
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f1 - trademark?

Is f1 a trademark?

I've checked out

Intellectual Property Office - Trade marks - find by mark text or image

But there's no 'text' trademark for F1 - more the use of images

Could I use it in a domain for selling clothes/merchandise relating to formula 1?
e.g. f1retail.co.uk

Last edited by Nick; 24-10-2009 at 05:14:25 PM.
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Old 24-10-2009, 05:37:29 PM     #2 (permalink)

 
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Originally Posted by nick279 View Post
Could I use it in a domain for selling clothes/merchandise relating to formula 1?
e.g. f1retail.co.uk
Definitely not, F1 will definitely have a multitude of tm's in various classes, trademarks cover both mark image and mark text. You would be directly trading off the F1 brand.
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Old 24-10-2009, 06:02:22 PM     #3 (permalink)

 
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If you search on "Formula 1" you will find their trademarks which also include F1 in them. My opinion would also be it's a non-starter. Organisations such as Formula 1 are very protective of their intellectual property because that is a key income driver, so I would not do it personally unless you obtained specific permission but it is very unlikely that would be granted.

Better to use a generic domain. Perhaps one such as motorsports.me.uk, which I just happen to have for sale on Sedo (note though buyer must register it as an individual), and an offer of £250 would be enough to start an auction on.

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Old 24-10-2009, 06:57:01 PM     #4 (permalink)

 
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What was you searching for exactly? I get results for trademark on the word 'F1'.

Search type 'exact'. Text 'F1'.

Also, when searching for trademarks take a look at community trademarks database OHIM - Searching the Community trade mark database: CTM-ONLINE

As already mentioned, even if they did not have a registered trademark they would be successful in a passing off claim.

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Old 24-10-2009, 10:17:39 PM     #5 (permalink)

 
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I've seen F1s.org kicking around for awhile at a silly (low) price, it just shows no1 will touch a TM domain. I hope the seller hadn't paid to much for it.
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Old 27-10-2009, 12:36:42 AM     #6 (permalink)

 
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For a long time it was not possible to register a "text" trademark in UK, and a lot of other countries.
Until very recently you had to trademark a logo, and submit the logo as an image to successfully register your mark.

But once such a logo TM is in place, using text which forms part of that logo is an infringement of the mark, which can be challenged by the TM holder.

Unless you have explicit written permission from a TM holder (it can happen) I would stay well away from anything which gives results when you search the database.
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Old 27-10-2009, 07:19:10 AM     #7 (permalink)

 
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Quote:
Originally Posted by crabfoot View Post
Unless you have explicit written permission from a TM holder (it can happen) I would stay well away from anything which gives results when you search the database.
Thanks crabfoot + everyone else for answers on the subject.

I was originally asking based on the fact that there was no 'text' result in the search system I usually use, and web pages such as:-

Formula One bosses fail in trademark case | Sports | Reuters
Wikipedia:Wikipedia Signpost/2007-07-16/F1 trademark - Wikipedia, the free encyclopedia
Formula One Losses Trademark Fight :: PaddockTalk :: F1, Formula 1, NASCAR, IndyCar, MotoGP, ALMS, And More!

I bought a site a while ago but at the time wasn't versed/aware of the DRS/TM infringement implications so am now a bit annoyed - I'd rather leave it for the time being (or get written permission as stated in a previous post)

Last edited by Nick; 27-10-2009 at 11:38:40 AM.
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Old 27-10-2009, 04:47:43 PM     #8 (permalink)

 
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Those are interesting cases you link to, but the salient point in this matter is that the ICANN rules are now such that any objection from a TM owner will result in a domain being suspended.

No court case, no argument, the TM owner only needs to show that he owns the mark, and object to the site.

Horribly Big Brother ...
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Old 27-10-2009, 05:13:32 PM     #9 (permalink)

 
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Quote:
Originally Posted by crabfoot View Post
Those are interesting cases you link to, but the salient point in this matter is that the ICANN rules are now such that any objection from a TM owner will result in a domain being suspended.

No court case, no argument, the TM owner only needs to show that he owns the mark, and object to the site.

Horribly Big Brother ...
Without intending disrespect, I think your arguments are flawed. There are many types of 'marks'. Here's one in the USA and live:

Trademark Electronic Search System (TESS)

This one is owned by Formula One but there are many cases where there's no congruity with marks.

You can claim textual, graphical and service marks, and one doesn't necessarily encompass another.
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Old 27-10-2009, 05:50:15 PM     #10 (permalink)

 
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There's also this link too:

Intellectual Property Office - Online Trade Mark Services

String 'formula' and '1'

Last edited by retired_member12; 27-10-2009 at 05:52:50 PM.
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