Clarification on "Certification" Marks

[DanaTheDog Man]

I need some help understanding......Certification Marks vs Service or standard Trademarks. It appears to me that one particular certification mark is used quite frequently on many domains with another word attached. A certification mark must be totally distinct from the others in that the holder seems to allow this. In fact the .pro version is actually offered for sale on Sedo, with just the certification mark. I would have to assume that a certification mark is okay to use in a name, unless that name represents a business which is trying to certify as the mark holder's company is?? I'm confused. Any help would be appreciated. Thanks. Just trying to understand this issue. If a standard TMd term was used in a name with another word, as I understand it, that name would have a TM issue.

 

[DNQuest.com]

If I understand you correctly, you are asking about a TMed name linked to another word in a domain? If so, there are several factors, first being the actual mark, second the catagory of classification, and third is usage. The common examples are Apple, Champion, Cheer... different companies have TMs for them which are all legal. Now if the name is unique like Xerox or even Google, then it is tougher to deend.

 

[jberryhill]

Looking at "what other people are doing" is not a reliable means of determining what might be permissible.

If you are not licensed to use the certification mark, then you are not authorized to use it as a trademark.

There are no substantially distinct considerations pertaining to the use of certification marks in domain names relative to any other sort of mark.

 

[DanaTheDog Man]

Thanks, John Berryhill. I may e-mail you as I have a further question. I really appreciate the advice.