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Geographically descriptive domain names tardemark registration

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NameSniper.com

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Hello Everyone,

I wanted to know if anyone has an expirience with geographically descriptive domain names trademark registration and if its possible to trademark a name like america .com or whatever country.com ?

Best Regards,
Namesniper
 

Dave Zan

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Any word can be trademarked. I think the barometers will be: a) the attorney
who will examine the application, and b) what the application will be for.

Check out here for barcelona.com and newzealand.com for starters.
 

NameSniper.com

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Probably but i have heard it a several times before "Geographically descriptive domain names cant be trademarked" and wante dto know if anyone has a real practice trademarking them?

However i see that barcelona.com has a "dead" status and newzealand.com is "LIVE"


davezan1 said:
Any word can be trademarked. I think the barometers will be: a) the attorney
who will examine the application, and b) what the application will be for.

Check out here for barcelona.com and newzealand.com for starters.
 

jberryhill

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Geographic terms are inherently descriptive. Descriptive terms can be registered as trademarks if there is sufficient evidence of acquired distinctiveness.

"PHILADELPHIA" is a brand of cream cheese.

"NEW YORK, NEW YORK", and "PARIS" are casinos in Las Vegas.
 

Dave Zan

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jberryhill said:
"PHILADELPHIA" is a brand of cream cheese.

It so happens I'm eating that as of this post. Cat darn it! :-D
 

NameSniper.com

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John,

Thanks for a reply but i remember i have emailed you regarding my needs ,you have replied and then i have sent you more info,then you have never got back to me again.

In my case its an internet portal but i am sure you could suggest the way to get it registered as a trademark.


jberryhill said:
Geographic terms are inherently descriptive. Descriptive terms can be registered as trademarks if there is sufficient evidence of acquired distinctiveness.

"PHILADELPHIA" is a brand of cream cheese.

"NEW YORK, NEW YORK", and "PARIS" are casinos in Las Vegas.
 

jberryhill

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Thanks for a reply but i remember i have emailed you regarding my needs ,you have replied and then i have sent you more info,then you have never got back to me again.

My availability to answer email on a casual basis can vary wildly. Sometimes I get random questions that would require time and effort for a reliable answer well beyond what I have available in my spare time. I'll see if I can track down what you sent me, but I dimly recall a question leading to the conclusion that a general information portal relevant to say "Country X" named "Country X".com would not be a distinctive use of the geographic term (since it is used, in that context, as a direct geographic reference to the subject matter of the site). Does that ring a bell?
 

NameSniper.com

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True but i am also offering the Dating service,forums,free email etc which are maybe interpreted as a distinctive use of the geographic term?
Please correct me if i am not correct.

jberryhill said:
My availability to answer email on a casual basis can vary wildly. Sometimes I get random questions that would require time and effort for a reliable answer well beyond what I have available in my spare time. I'll see if I can track down what you sent me, but I dimly recall a question leading to the conclusion that a general information portal relevant to say "Country X" named "Country X".com would not be a distinctive use of the geographic term (since it is used, in that context, as a direct geographic reference to the subject matter of the site). Does that ring a bell?
 

NameSniper.com

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John is there a number i may reach you?
PMs to you arent going thru

NameSniper.com said:
True but i am also offering the Dating service,forums,free email etc which are maybe interpreted as a distinctive use of the geographic term?
Please correct me if i am not correct.
 

Dave Zan

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NameSniper.com said:
John is there a number i may reach you?
PMs to you arent going thru

Er, his sig file says this:

Please do not send private messages via dnforum.com, email me directly.

Any luck trying to email him?
 
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