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How to avoid domain name trademark infringement?

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kkumar44

Member
I have a problem. Can anyone please help me out.

I have started a blog mxlibrary.com. It is about online money making tips and how to create website. I share useful information and tutorials. I don't sell any product or service on my blog. I display advertisements and share affiliate links to make money. Now, I'm concerned with trademark policies.

I searched for mxlibrary on various trademark search tools like USPTO and Trademarkia. I did not find any trademark associated with mxlibrary. But, the words MX and LIBRARY are trademarked ( individually) by various companies. Do I get trademark infringement in the future?

Question 2: I heard that trademark is associated with a company that sell particular products/services. As I'm not selling any product, can I assume that I'm safe?

Question 3: Can I get a trademark for mxlibrary, even if I don't sell products/services?

Thanks for your patience in advance.
 


quincy

Senior Member
I have a problem. Can anyone please help me out.

I have started a blog mxlibrary.com. It is about online money making tips and how to create website. I share useful information and tutorials. I don't sell any product or service on my blog. I display advertisements and share affiliate links to make money. Now, I'm concerned with trademark policies.

I searched for mxlibrary on various trademark search tools like USPTO and Trademarkia. I did not find any trademark associated with mxlibrary. But, the words MX and LIBRARY are trademarked ( individually) by various companies. Do I get trademark infringement in the future?

Question 2: I heard that trademark is associated with a company that sell particular products/services. As I'm not selling any product, can I assume that I'm safe?

Question 3: Can I get a trademark for mxlibrary, even if I don't sell products/services?

Thanks for your patience in advance.
What is the name of your state or, if not in the US, what is the name of your country?
 

not2cleverRed

Obvious Observer
You are in India.

Your website is all about making money online.

I don't think anyone will mistake you for the Malcolm X Library.
 

kkumar44

Member
You are in India.

Your website is all about making money online.

I don't think anyone will mistake you for the Malcolm X Library.
Yes. I have seen Malcolm X Library. It is a school and my website is about making money. So I'm safe. Is this your intention?
 

quincy

Senior Member
Yes. I have seen Malcolm X Library. It is a school and my website is about making money. So I'm safe. Is this your intention?
Trademark disputes arise when the holder of a trademark believes (rightly or wrongly) that another is infringing on their rights.

Trademark law centers on consumer confusion, however. If consumers are confused by, or likely to be confused by, a dual use of a trademark, a trademark infringement lawsuit can result.

That said, there are many companies that share the same name and operate without conflict. For example, there are two Dove trademarks (one for skin care products and one for ice cream), several Peter Pan trademarks (for a bus line, for peanut butter, for Disney character) and a few ABCs.

Whether your mxlibrary blog would raise concern is a question mark - but it seems unlikely,
 

not2cleverRed

Obvious Observer
Thanks for your reply. But, can you please answer my 2nd and 3rd questions?
2) If someone gets a "bee in their bonnet" they can make a claim of trademark infringement - rightly or wrongly, it will still cost the other party money to respond to legal actions. The Boy Scouts of America have trademarked the word "Scout" and they have defended their trademark on more than one occasion. The Girl Scouts of USA had to fight BSA, legally, to be allowed to use the word "Scouts" in their name. Both organizations are non-profits. GSUSA was successful in forcing the Radical Brownies to change their name to Radical Monarchs, although the group still has a uniform that looks like a GS Brownie vest to me, and GSUSA is currently embroiled legally with BSA over some volunteers calling female members of Scouts BSA "Girl Scouts". BSA, GSUSA, Radical Monarchs are all non-profits in the USA. Other countries, such as yours, might deal with things differently.

3) Getting a trademark depends on the rules for the country in which you are applying for a trademark. It has less to do with money making and more to do with usage. If you don't want others to infringe on your name in your area of use, you get it trademarked. Then if someone infringes on your trademark, you have a legal basis on which to defend it.
 

quincy

Senior Member
Another option is to pick a name that is so unusual that no one else would think to use it - and then register your trademark.

Offered the greatest protection initially under trademark laws will be marks that are fanciful (made-up words) or arbitrary (words used in an unexpected way, contrary to normal usage). The stronger the mark, the less likely anyone will (unintentionally) infringe.
 
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kkumar44

Member
Another option is to pick a name that is so unusual that no one else would think to use it - and then register your trademark.

Offered the greatest protection under trademark laws are marks that are fanciful (made-up words) or arbitrary (words used in an unexpected way, contrary to normal usage). The stronger the mark, the less likely anyone will (unintentionally) infringe.
I have a small doubt. For example, I registered some random domain like abc.com in 2017. I did not register trademark. Someone started a company similar to my website niche in 2018. They have registered trademark. Do they have rights to file a trademark infringe case against me? I have started my business 1 year before (without trademark) them.
 

quincy

Senior Member
I have a small doubt. For example, I register some random domain like abc.com in 2017. I did not register trademark. Someone started a company similar to my website niche in 2018. They have registered trademark. Do they have rights to file a trademark infringe case against me? I have started my business 1 year before (without trademark) them.
You will need to find additional and specific legal assistance in India. FreeAdvice handles US law questions and concerns. Sorry.
 

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