Trademark Availability: Is Your Domain Name Someones Trademark?
A brief look at the importance of trademark research and where to go research trademarks around the world. This is important to do before purchasing your domain name.
Why You Need to do a Trade Mark Search After Domain Name Availablilty Search
Your Great Idea Just May be Someones ®
Trademark availability is an important part of website concept research and even business name availability. Creating a successful internet based business requires researching keyword searches, competition and profitability. Equally important and often overlooked is trademark availability of an available domain name.
Failure to research this could result in lost time, resources and money. The time spent developing a website could be lost in one single cease and desist letter delivered via snail mail.
The letters TM mean that the process of securing a trademark has been started. Once the R with a circle around it is placed, the process is completed and the trademark is registered.
Trademarking can involve a name or a logo. Just because someone owns a trademark does not mean that they have secured the domain name. It is possible that even purchasing a domain name that has been trademarked is an infringement of that name.
There are always challenges. Spam the meat verses Spam the unwanted e-mail is an example of a recent trademark infringement suit.
Failure to research this could result in lost time, resources and money. The time spent developing a website could be lost in one single cease and desist letter delivered via snail mail.
The letters TM mean that the process of securing a trademark has been started. Once the R with a circle around it is placed, the process is completed and the trademark is registered.
Trademarking can involve a name or a logo. Just because someone owns a trademark does not mean that they have secured the domain name. It is possible that even purchasing a domain name that has been trademarked is an infringement of that name.
There are always challenges. Spam the meat verses Spam the unwanted e-mail is an example of a recent trademark infringement suit.
Where Are the TM ®'s?
Search the Trademark Registries Local and Abroad
Here are a list of the places to go to research trademark availability.
- Trademark Availability Search Resource.
- The top three and 18 more places to research trademark registrations.
Also some Brand Search Engines for those who are in the process but not yet registered.
A True Story: My Students & the Trademark
Why You Need to Do this Search!
One of my students had an idea. Even though there was not a lot of potential in her concept, she was determined to run with it.
Her idea, create a website with the keyword focused concept of I Quit.
This was based on a T-Shirt she was already producing and selling. The first thing she did was a domain name search.
Much to her and the rest of the class, it was available. She thought she had hit a home run. Before allowing her excitement to get to a fever pitch, she was encouraged to do a trademark search.
On her first entry into the US Patent and Trademark office search engine she got her answer. It turns out it was a registered trademark. It was not currently being used but it was registered. This means that it had been used and in this case, used in interstate sales of goods or services.
Had she bought the domain name and started using it, you can bet she would have received a letter in the mail. The letter in particular is a very special legal letter. It is called a cease and desist letter.
It means you stop, close down your web site and change the name or else the TM owner will pursue legal means to stop you.
Even worse, imagine if she got it as her business started building steam, even after she spent time on advertising.
She was spared this because she did a trademark availability search.
Her idea, create a website with the keyword focused concept of I Quit.
This was based on a T-Shirt she was already producing and selling. The first thing she did was a domain name search.
Much to her and the rest of the class, it was available. She thought she had hit a home run. Before allowing her excitement to get to a fever pitch, she was encouraged to do a trademark search.
On her first entry into the US Patent and Trademark office search engine she got her answer. It turns out it was a registered trademark. It was not currently being used but it was registered. This means that it had been used and in this case, used in interstate sales of goods or services.
Had she bought the domain name and started using it, you can bet she would have received a letter in the mail. The letter in particular is a very special legal letter. It is called a cease and desist letter.
It means you stop, close down your web site and change the name or else the TM owner will pursue legal means to stop you.
Even worse, imagine if she got it as her business started building steam, even after she spent time on advertising.
She was spared this because she did a trademark availability search.
Even Business Names Need to be Searched
Another True Story
Some dear friends started a business in Scranton PA. It quickly became one of the top five manufacturers in the US for their product. While they were little, nobody noticed that their name was actually already trademarked. It wasn't till they became national that they received a cease and desist letter.
Needless to say, thousands of dollars had already been spent on catalogs, marketing and advertising. They were able to change the name to something close. All of this expense could have been avoided had they done a simple business name trademark availability search.
Needless to say, thousands of dollars had already been spent on catalogs, marketing and advertising. They were able to change the name to something close. All of this expense could have been avoided had they done a simple business name trademark availability search.
by steeleyjon
steeleyjon
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