Question about Trade Marks

chuckylefrek · Mar 9, 2009

I was planning on launching a site soon using either the .co.uk or .net extension and today I noticed the .com has a "TM" trade mark sign after it.

Does anyone know how this would affect me operating a site with the .co.uk or .net extension. The Trade Mark in question appears to be a US trade mark as far as my limited resarch worked out.

Thanks in advance

Paul

accelerator · Mar 9, 2009

Check for a UK trademark here (took some finding on their redesigned site):

Intellectual Property Office - By mark text or image

If there's no UK trademark registered, you should be ok for the UK, and you could even register a trademark yourself.

Rgds

chuckylefrek · Mar 9, 2009

Thanks accelerator for the very useful link

There doesnt appear to be a uk trademark - what does that mean I am permitted to do? I am not sure how I can stop US people seing my website. Any further explanation appreciated as well as a rough cost of how much it costs to trade mark a domain name and is it worth bothering?

Rob_F · Mar 9, 2009

How generic is the domain, and if it is, do you intend to use it for its descriptive use? Using apple.co.uk to sell apples or offer information on apples would be fine. If you were to use apple.co.uk to sell portable music devices a certain someone (company) might have issues with it

.

Do you plan to operate in the same area as the .com? Registered on not, trademarks rights are linked to classes, if you operate outside of these classes you *should be* fine.

Also, you say the .com owner has TM alongside his name, this doesn't mean that he has a registered trademark, here or in the US. It simply means that he is asserting TM rights - he may not have a registered TM anywhere. Most companies who have a registered TM will display the proper ® symbol.

Hope this helps.

- Rob

P.S. Feel free to PM me the name if you like and I will take a closer look.