tag:blogger.com,1999:blog-5574479.post1761415330500486913..comments2024-03-28T13:45:42.289+00:00Comments on The IPKat: Shall We Thuuz Today? Only the Trade Mark Knows For SureVerónica RodrÃguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-5574479.post-51844759807953747382012-05-20T20:34:43.660+01:002012-05-20T20:34:43.660+01:00Neil's assumption that Thuuz checked that the ...Neil's assumption that Thuuz checked that the domain name was clear, but not necessarily the trade mark is a common issue. The average founder is nowadays very capable of checking to see whether a domain name is available, and often makes the assumption that he has got a valid right and can use the name. In probably 99% of cases, the assumption is valid.<br /><br />It's the same issue that has been faced for years when setting up companies. Many founders assume that the company name is the same as registration of the trade mark. Whilst UK companies house has become better at pointing out the difference, that's not true in other countries. <br /><br />Part of the issue is the ease in checking domain names and company names. There are registers in which these names are easily accessible for no or little cost through the Internet. Searching trade marks is still a bit of an art. OHIM's new TMView service is a massive improvement over some of the national database interface. It's a shame that it still does not include Germany (but that is apparently changing later this year). Searching the US Federal and State registers can also be a nightmare unless a commercial database is interrogated.<br /><br />It is clear that there is a need to provide advice on trade marks to entrepreneurial ventures. The reality is that many of the companies cannot afford to pay for a comprehensive search and need to be able to do their first clearances through easy-to-use databases. The opportunity arrives at the point in which those searches fail - or the cease and desist letter arrives.Anonymoushttps://www.blogger.com/profile/02789591295998616170noreply@blogger.com