Trademark Question

caper5 · Jun 4, 2008

Okay, there is a domain here I want to bid on. Then someone came in the thread and said they have a similar name trademarked. Even so would it matter if they have a mark on it if you start a completely seperate business with the name? I went to USPTO and it says:

2008-05-01 - Notification Of Final Refusal Emailed

2008-05-01 - Final refusal e-mailed

2008-05-01 - Final Refusal Written

2008-04-30 - Teas/Email Correspondence Entered

2008-04-30 - Communication received from applicant

2008-04-30 - TEAS Response to Office Action Received

2008-04-25 - Notification Of Non-Final Action E-Mailed

2008-04-25 - Non-final action e-mailed

2008-04-25 - Non-Final Action Written

2008-04-25 - Removed From TEAS Plus

2008-04-25 - Assigned To Examiner

2008-01-23 - New Application Entered In Tram

To me it looks like the trademark was denied. Am I missing something?

jberryhill · Jun 5, 2008

If you click on the TDR button, you may retrieve copies of those communications, and determine the exact reason why registration was refused.

To me it looks like the trademark was denied. Am I missing something?

The USPTO does not determine whether someone has "a trademark". The USPTO determines whether conditions for registration of an alleged trademark are met.

If the application was refused due to problems with the specimen, the description of goods and services, or other conditions, then the party may very well have a trademark, but for some reason did not satisfy the conditions of federal registration.

On the other hand, if the application was refused on the basis of being generic or merely descriptive, then there may indeed be a substantive reason for doubting that they have an enforceable mark.

What you may find is that the application was refused on the basis of confusing similarity with another registered mark, in which case you should also consider the reference mark that was used as a basis for refusal of the one at which you are looking.