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Can't Trademark

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Scuderia

New Contributor
Feb 13, 2011
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Hi Guys,

I have a domain name and website which apparently according a trademark expert is too generic to trademark.

Now i don't care too much about registering a trademark, I'm more concerned with a competitor registered the trademark and then tried to sue me for my website or something.

Just wondering could this occur? Or am i being too paranoid.

Also since i can't seem to get a trademark is there any other protections i could implement?

Cheers!
 

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Last edited:

Lucky Lu

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Hi Guys,

I have a domain name and website which apparently according a trademark expert is too generic to trademark.

Now i don't care too much about registering a trademark, I'm more concerned with a competitor registered the trademark and then tried to sue me for my website or something.

Just wondering could this occur? Or am i being too paranoid.

Also since i can't seem to get a trademark is there any other protections i could implement?

Cheers!
It is really odd that your mark is not suitable for a trademark straight out. What I assume with the information you provided is that your brand would probably be rejected as "merely descriptive" which is a basis for rejection (too generic is not something the USPTO would say, since a trademark is just protection for the name and does not need to be either specific or mean anything).

If it is merely descriptive you can add or modify something on your mark so it goes through to registration or you can disclaim any of the words that is only descriptive of the product you sell or will sell.

In any case, using your brand in commerce such as dealing through your website with that name, having your products with tags using the brand, setting up ads, letterheads, invoices and other acts of commerce help your cause generating proprietary rights under common law basis against anyone coming later, but it would be better if you file a registration for the Trademark in all cases. That not only gives you protection and assures you the exclusive use on the brand name for the future, but increments the value of your business overall.

This is not legal advise, I hope it helps as my opinion. With the information you gave I cannot really assess the specific situation with your mark, but those issues are fairly similar for most people.

Good luck with it!
 

Kid

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I don't know who that trademark expert is, but maybe find a second one to verify.

Or try to file it directly. ( It seems you're from AU so www.ipaustralia.gov.au/ )

I'm not saying that you can get the trademark. I'm saying that not all lawyers and "experts" are worth the trust.
 

Scuderia

New Contributor
Feb 13, 2011
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Australia
I don't know who that trademark expert is, but maybe find a second one to verify.

Or try to file it directly. ( It seems you're from AU so www.ipaustralia.gov.au/ )

I'm not saying that you can get the trademark. I'm saying that not all lawyers and "experts" are worth the trust.

Thanks for this, I'm Australian based but the site is international, especially focused on the US. Would you recommend getting a US trademark instead?
 

Walter Hay

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Thanks for this, I'm Australian based but the site is international, especially focused on the US. Would you recommend getting a US trademark instead?
If your market is mainly the US, that is where you should register it.

If the trademark is a generic word, you can tweak it by changing the spelling while leaving the pronunciation still obviously sounding the same and having the same meaning. Another way is to have one letter of the mark styleized.

My understanding is that either way you can register it, but sorry I must state the usual disclaimer that I am not providing legal advice.

Walter
 

Kid

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Vadim26

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If your market is US then you should go for US trademark. Its below $300 per tm class but since your non-US based you have to go through US attorney (Trademark basics).

If you can't get the TM for your word, you might get it for the logo using your .com (Take a look at DIAPERS.COM Trademark of AMAZON TECHNOLOGIES, INC. - Registration Number 3745553 - Serial Number 77638159 :: Justia Trademarks

But basically if you can't register the word, probably everybody else can't too.

Wait, I don’t understand.

So you are saying if certain name isn’t available for registration, one should still trademark that name, but as a logo with “.com” added?

That’s sounds like a lot of trouble in future, if -unavailable- name will be used in commerce. Or I didn’t understand you.
 

Kid

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Wait, I don’t understand.

So you are saying if certain name isn’t available for registration, one should still trademark that name, but as a logo with “.com” added?

That’s sounds like a lot of trouble in future, if -unavailable- name will be used in commerce. Or I didn’t understand you.

I wrote "should" in context of either OP should register in US or Australia.
 

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