Patents and Trademarks

techtimmy · Mar 5, 2010

Found an awesome brandable name available in .com and .co.uk

I've checked the IPO site also the TESS site for trademark infringement. Only found 1 on the TESS site that seems to be DEAD.

There are 3 mentions of this name in the USPTO U.S patent site, all done pre-2000.

Do I need to worry about patents or am i free to reg?

Cheers,

Tim

Edwin · Mar 5, 2010

The older the US trademark, the worse it is (as long as the trademarks are still active) because then the trademark holder can demonstrate that they have maintained the right to use that trademark for a very long period of time. Since trademarks (both registered and de facto) are strengthened by use, the longer that the trademark's been in use the stronger it will appear to be (all other things being equal).

Bailey · Mar 6, 2010

IF the only TM is dead - and your not planning to use it by association with those registered patents. Go ahead and register.

Nothing wrong with brandable domains - But, they are as frequent as the rain.

Just a Google of the term should show you whats relevant - If as you say its a brandable