'Closeness' to a TM

[nickynoodles]

Say someone has a trademark and site

MyWidgets.co.uk

I have a domain

MoreWidgets.co.uk

Could that be seen as being too near to their TM and would they have any grounds for a dispute ... in your opinion?

 

[retired_member13]

Impossible to say without knowing how distinctive the mark is.

Generally if it was likely to cause confusion with the public and you operate in the same area then you're liable

 

[acceleratoraccelerator is verified member.]

Say someone has a trademark and site

MyWidgets.co.uk

I have a domain

MoreWidgets.co.uk

Could that be seen as being too near to their TM and would they have any grounds for a dispute ... in your opinion?

Going purely by your example, with two different words My and More, I'd say it was ok ... but as ever exact detail needed ... you can PM me the real names if you like, I promise I won't reg them.

Rgds

 

[retired_member12]

There's too much fear about TM's on this forum. Owning a TM is far more complex than simply registering a word or words, they're only granted for tightly defined categories, often only granted on a graphical rather than text mark, sometimes granted with strict restrictions on what is covered and importantly, you can't register a domain name as a TM.

As a domainer the critical thing is not to be seen to be taking advantage of the goodwill built up by a TM owner, so there's no issue registering mcdonalds.co.uk and selling nuts and bolts but there is if you start selling prime hamburgers.

We bought the domain frontrow .co.uk recently with plans to build a ticketing site. It wasn't a cheap domain and knowing how big business works I decided it might be an idea to apply for a TM to cover us against anyone else coming after us down the line. The application was rejected with no right of appeal on the grounds that it is too generic of a term, the only thing that we were advised to do was to register something graphical, a logo etc..

Like I say, don't be paranoid about TM's and if it's really important, take advice from a professional, it's often not cheap but it could save you a lot of hassle and cost down the line.

A small tip, the basic fee for a TM is £170 but something that isn't very clear on the IPO website is that you can pay half of that and have your application examined and a decision in principle. If you get the green light, you pay the other half, if your application is rejected it's only cost £85 rather than the full £170.

Good points there Sean. Here is a good example of an existing TM which looks like another famous name, but is a legitimate TM in its own right:

Intellectual Property Office - Results

 

[nickynoodles]

Thanks for the input. I think my concern is that, in this case, I would be in the same classification as the 'MyWidgets' trademark.

I'll probably avoid using the domain as there's some doubt in my mind and I wouldn't have the time or money to defend myself.

 

[doodlebug]

Widgets is not a unique word so i wouldn't worry unless you regged something like JohnSmithswidgets.com

As for micro & soft it is a completely different type of businees to Microsoft, i do remember a guy who set up ' Mike Rowe Soft ' as his trademark however he did sell computer software.

Don't lose any sleep over it