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UK trademark text held by multiple parties. what do I do?

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replic8te

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TIA for your help.

There is a phrase that is available for me to reg as a .co.uk. Checking it out with the UK IP office for trademark reg's there are at least 4 different companies with different products that all use the same trademark text. The tm registrations are current and they are product lines, not company names.

If I reg'd the name, and offered it to all companies at a FAIR price, is it a worthwhile risk?

Im willing to gamble the reg fees and a C&D if it comes to that, but Im thinking that because there are 4 parties claiming the same trademark text it makes it a little less intentional.

Is this an educated risk or just plain st*p1d?

Thanks again,
Mike
 

jazzpetals

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Is this an educated risk

or

just plain st*p1d?

Thanks again,
Mike


I vote for #2
 

katherine

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If I reg'd the name, and offered it to all companies at a FAIR price, is it a worthwhile risk?
Clearly that's asking for trouble IMHO :cool:

Selling a TM domain to TM holders, while you do not have a legitimate interest or bona fide use for the domain => that's called cybersquatting.

Besides, there is not one but several potential parties who could possibly sue you so the risk is actually higher.
I vote option #2 of course :)
 

DNQuest.com

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NO ACRO NO!!!!! not that thread again.....ugh

No# 2 seems like the likely answer :)
 

Dale Hubbard

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http://www.nominet.org.uk/disputes/drs/help/cost/

It can work slightly differently in the UK. Now I'm not wanting to get in to the 'squatting' debate here, but generally you could expect to earn £500 out of it even if disputed, as the DRS system will cost a contender £750 at least. If there are four contenders to the phrase, you have a good chance of making more. But do take care, because a litigant can go straight to the courts for redress and that could cost you a great deal of money.

However, if you're prepared to take a small gamble, then you could run with it. Unless you put a site up and make financial gain out of the name, the worst that would probably happen is that you'd be asked to hand it over for free.

A great deal of this goes on in the .uk sector.

If in doubt, ask a solicitor. I am not one.
 

replic8te

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thanks Dale... I appreciate the well weighted answer. There are multiple parties that have TMs on the same name, about 7 so the opportunity would have been there to play.

but the honest truth is I'm gonna walk on it, too many other DN opps happening.

thanks for the education...

cheers
Mike
 
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