A LARGE Shopping Centre is trying to retreve my domain... HELP!

woopwoop · 11-01-2010, 04:58:10 PM

Quote:

Originally Posted by accelerator

Check if they have a trademark at:

Intellectual Property Office - Welcome to the Intellectual Property Office

if they have, that strengthens their case.

This is true, but also tread very carefully even if it isn't listed there.

They will still have unregistered trademark protection on their name.
I've done some work researching and filing trademarks and design patents.

Also I've received legal notices regarding infringement and dropped a grand on that.

My advice is, just move on. It's not worth it. And it's never gonna make you rich, but could make you poor!

aZooZa · 11-01-2010, 05:04:13 PM

They can start to make claim to a TM without even filing - that's the way it's done, but to make the claim legal, it has to be a filed mark. In other words, it's perfectly acceptable and even wise to place the 'tm' symbol over text you intend to file for, but that's meaningless until you actually file. Anyway, whatever you do, don't post the domain name here.

jasman · 11-01-2010, 06:03:26 PM

The trouble is it sounds like you've imlicitly made an associatation with the the locally understood usage of the word.

Whereas 'Circle' may be generic, 'Circle' has a particular and well known usage within the city where it is located, and you're displaying content relating to that city. To then display more content related to generic 'Circles' looks like you're clasping at straws trying to find a reason to justify registering it.

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11-01-2010, 05:04:13 PM	#12 (permalink)
aZooZa Join Date: Nov 2005 Posts: 3,980 No Classified Ratings Domain Trader Rating: (100% / 46)	They can start to make claim to a TM without even filing - that's the way it's done, but to make the claim legal, it has to be a filed mark. In other words, it's perfectly acceptable and even wise to place the 'tm' symbol over text you intend to file for, but that's meaningless until you actually file. Anyway, whatever you do, don't post the domain name here.

11-01-2010, 06:03:26 PM	#13 (permalink)
jasman Join Date: Jul 2006 Location: UK Posts: 484 No Classified Ratings Domain Trader Rating: (100% / 10)	The trouble is it sounds like you've imlicitly made an associatation with the the locally understood usage of the word. Whereas 'Circle' may be generic, 'Circle' has a particular and well known usage within the city where it is located, and you're displaying content relating to that city. To then display more content related to generic 'Circles' looks like you're clasping at straws trying to find a reason to justify registering it.