trademark or not??

[PaullasPaullas is verified member.]

if a website is displaying a tm next to there name, but when doing a search on the uk tm site there isnt one, does this mean they still have a trademark?

 

[retired_member6]

Everyone has a trademark, it just depends if it's registered or not. They're basically warning you, try it on and we'll protect our rights to this mark which we claim as ours.

 

[sneezycheese]

if a website is displaying a tm next to there name, but when doing a search on the uk tm site there isnt one, does this mean they still have a trademark?

...If they're trading - Yes - but this does not neccessarily mean that they have 'exclusivity' to the name.

TM = Trade Mark - (could be registered or not registered)
(R) = Registered Trade Mark - (must only be used for registered TM's)

Regards,

Sneezy.

 

[olebean]

A site using TM next to a logo, words etc is making it clear they believe they have a TM... A TM does not have to be registered to be a TM an example of this would be acornsdomains logo

The person stating TM s not trying it on as Lee suggests they are defending rights

 

[retired_member6]

A site using TM next to a logo, words etc is making it clear they believe they have a TM... A TM does not have to be registered to be a TM an example of this would be acornsdomains logo

The person stating TM s not trying it on as Lee suggests they are defending rights

Hang on, I said

They're basically warning you, try it on and we'll protect our rights to this mark which we claim as ours.

 

[grandin]

not needed

You do not have to have a TM to use the TM by the name. They are merely claiming a right that may not be protectable under english law

Saying that a Trade Mark doesn't provide that much protection but is probably persuasive to a judge in determining who has rights in a dispute.

Lee

 

[olebean]

Lee'

It is used as a benchmark to assert rights

 

[PaullasPaullas is verified member.]

i see what you mean, ok i have the .org.uk version and they have 2 other extensions of the domain name and it is very descriptive as it is used in everyday life. so say i make a website that is completly different than theres and then put tm next to my domain(logo) do they still have rights ?

 

[retired_member6]

i see what you mean, ok i have the .org.uk version and they have the .com/.co.uk the domain name is very descriptive as it is used in everyday life. so say i make a website that is completly different than theres and then put tm next to my domain(logo) do they still have rights ?

Yes they've got rights on their tm and or name, they may not be intestered in worthless little old .org.uk but when you develop you have rights also, then you can apply to extend those rights with the government but the third party may disagree and challenge your rights and protect their own, then they may apply for rights, if they win, they may try for your domain, dog eat dog.

 

[PaullasPaullas is verified member.]

Yes they've got rights on their tm and or name, they may not be intestered in worthless little old .org.uk but when you develop you have rights also, then you can apply to extend those rights with the government but the third party may disagree and challenge your rights and protect their own, then they may apply for rights, if they win, they may try for your domain, dog eat dog.

so even though they got no tm or anything, i still cannot get a different extension and make a completly different site ? thats barmy....

 

[retired_member6]

so even though they got no tm or anything, i still cannot get a different extension and make a completly different site ? thats barmy....

Yes of course you can, it doesn't mean they won't try and claim rights at any time, even if they can't. You know as much as anyone, someone pm'd me the other day asking about one of my domains and it having tm problems, I just said "every domain is a potential tm problem as the domain rules invite hassle"

You can look at recent drs to see they chase .org.uk. As long as your operation is different, you don't use their colours, same text in logo, same design, anything similar, they won't see you as a threat. You can still operate in the same field as well but that might be pushing it if they're established.

If you have to ask then you already know what the possibilities are, just look at that merchant who traded under a similar phones4u name, was it worth it? but he knew what he was doing. Same name, logo, design, operation in the same field, the more things that are similar the more chance there is of a drs or TM problem, however if it's just the domain and entirely different set up, how can they complain about anything?

 

[olebean]

Paullas


As long as your logo is not the same you will be fine... As an example look at "more" as a TM loads of companies have TM registered and unregistered

Just try and establish your rights asap

OB