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Username: Garry Anderson
Date/Time: Tue, September 18, 2001 at 12:28 AM GMT
Browser: Microsoft Internet Explorer V5.5 using Windows 98
Subject: Common Misconception

Message:
 

 
Probably because of idiots like me.

I sometimes mis-state something, of which I know what I am talking- but do not put down correct.

To put record straight:

You cannot trademark any generic word - if SAME product e.g. car company cannot have word 'CAR'.

You can trademark any generic word - if DIFFERENT product e.g. car company can have word 'CASINO'

As stated in cut from my previous post:

http://forum.icann.org/cgi-bin/rpgmessage.cgi?newtldagmts;3B8109FB000004EC

In trademarks, a generic word of same type as the class (product type) is not allowed.

IT IS AN ABUSE OF TRADEMARK LAWS - ask any TM attorney.

e.g. Apple Computers could not apply for the trademark 'COMPUTER'

But a different class (product type) could:

e.g. UK trademark 1134604 - 'COMPUTER'

Proprietor:  Dunlop Australia Limited

Class 25: Stockings, panti-hose; socks and tights, all for wear.

You go to computer.info and you could be seeing a screen with pair of tights on it.

So - EVERY generic word bought in the sunrise period will lead you to a different class.

e.g. HOLIDAY.info will not go to holiday site.

Going to a different subject (class) will cause 'consumer confussion' - something trademarks are SUPPOSED to legally avoid.

***If it does not go to different subject - then the domain name was taken fraudulantly in the Sunrise Period***
 

Link: WIPO.org.uk


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