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Trademark application

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skp799

Junior Member
Hello,

I am thinking of filing for a trademark for my business name. An internet search revealed the existence of another business by the same name and product offerings. But this company is in Malaysia and I don't see any trademark filing in USA in the uspto database. Can I file for a trademark in USA or will it be rejected?

Thanks for your help.
 


FlyingRon

Senior Member
You can always file.

Do they do business in the US? Trademark rights arise from use in commerce not who runs off to the USPTO first.
 

skp799

Junior Member
No they don't. But they own the .com domain name. They are only at a single location in Malaysia. Thanks.
 

quincy

Senior Member
Domain names do not, in and of themselves, confer trademark rights. A domain name holder cannot (generally) prevent a business from using the same name for their business. A domain name functions only as an Internet address. If a domain name is already owned, it means that the business that operates under the same name cannot use that domain name for their Internet address.

The way a domain name gains trademark protection is through the use of it in connection with the goods and services offered. When consumers connect a domain name with particular goods and services, then it can potentially be possible for the trademark holder in these goods or services to prevent the use of the domain name (generally with evidence of consumer confusion, or likelihood of consumer confusion).
 

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