Trademark Use Questions?
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02-03-2013, 06:43 AM
Post: #1
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Trademark Use Questions?
I'm wondering if i trademark my name would i be able to get that as a domain name if it is already in use? Also, could it be used as my twitter username if already active? Thanks!
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02-03-2013, 06:51 AM
Post: #2
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Theoretically, no. Unless they're using it as a business.
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02-03-2013, 06:51 AM
Post: #3
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You can't TM your name, a proper noun cannot be used for TM registration. You can get a domain and twitter username using your name if they are available, but you don't have any legal rights to acquire the domain name or twitter account if they are unavailable.
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02-03-2013, 06:51 AM
Post: #4
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Generally, no.
Your trademark is only enforceable against those who are attempting to market goods or services using the same or a similar trademark that will create a "likelihood of confusion" among your consumers, and only if your trademark is distinctive and was in commercial use before theirs was. The fact that you have a trademark in one field means absolutely nothing in any unrelated field. The fact you may have a registered trademark has little or nothing to do with registration of a domain name, which is nothing more than an internet address registration. An address is NOT a trademark unless any until it acquires "trademark meaning", such as 30-Rock or Amazon.com. As for the statement by another answer about not being able to trademark a proper noun, that is completely false. There are thousands if not millions of proper names that are even REGISTERED trademarks, such as Ford, Tommy Hilfiger, Chanel, Oscar Mayer, California, Paris, Rotary, Realtor, etc, etc. |
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