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web site - trademark- discription

Posted by . updated on 11/11/2009
Q1

I want to trademark a name that has been registered before. They did not renew it.

Someone has the Dotcom to do with this name.

Once I trademark it can I ask them to remove it since we both sell the same products ?

Q2.

I noticed in other trademark some discribes the trademark with ex. hundreds of words from pigs goats
to activities.

I believe this is so someone doesn't use a name simalar to this for any and all purpose... correct ?

Q3
Would there be an easier way to do this other than listing a million different catergories?



Thank You





Answers (2)
 
Kaitlin
Quote from: Lady1 on 12-27-07 at 12:59 pm
Q1

 I want to trademark a name that has been registered before. They did not renew it.

 Someone has the Dotcom to do with this name.

 Once I trademark it can I ask them to remove it since we both sell the same products ?
In the US, trademark rights are established by use.  Registration helps you protect those rights, but the rights exist separately from the registration.  Therefore if someone else is already using your proposed trademark name as the name for their "dotcom" website, and they are using this website to sell the same products as you, chances are that they may have established common law rights in the name as a trademark, even if it is not registered, and could have priority over you. 
This depends on the particular facts of your case, of course. 

Q2.

I noticed in other trademark some discribes the trademark with ex. hundreds of words from pigs goats
to activities.

I believe this is so someone doesn't use a name simalar to this for any and all purpose... correct ?

Q3
 Would there be an easier way to do this other than listing a million different catergories?
I'm afraid your questions 2 and 3 are unclear.





 
 
JSonnabend
To answer questions two and three (I think the OP was saying that others have registered everything "from soup to nuts", so to speak), in the U.S., registrations cover actual uses and are substantially narrower than what is permitted in the EU, for instance.  As a general rule, I start by describing the actual or intended goods and/or services succinctly, then see if there is a broader description of them that is accurate and arguably acceptable under U.S. rules, and finally, draft a G&S that includes both.

- Jeff
 

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