Hi there,
Me and a partner want to start a smart technology business.
Can we use the word "smart" in a domain name/business if another business already use that word in their domain name/business?
We have found a domain name, that we want to buy, but will not do it if we can't use the word smart...
Thank you for your time.
The word "smart" on its own is not protectable as a trademark. The word "smart" would need to be combined with another word or used in an unusual way for it to be protectable. Otherwise, if smart is used as it is typically defined as part of a company, product or service identifier, it must be disclaimed (i.e, others can use the word smart).
Registering a domain name does not create trademark rights. The name that is registered must be used in commerce as an identifier for a company, product or service for it to function as a trademark.
The purpose of a trademark is to identify a company and its products or services. A trademark is used distinguish a company, its products or services from those of all others. Trademark law centers on consumer confusion so if one trademark is the same as another or similar to another, and consumers become confused as to the origin of the product or service being offered due to this sameness or similarity, that can lead to an infringement lawsuit filed by the first user of the mark against the second user of the mark.
I am not sure if this answers your question.
Oh. And I just read Zigner's post. What I wrote applies to US trademark law. Trademark laws are different in other countries. Your state name or, if not in the US, your country name, is needed.
