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View Full Version : Trademark: Host Unlimited Domains


Samuel
09-03-2002, 04:24 PM
There is a host trying to do this.. lol

UmBillyCord
09-03-2002, 04:27 PM
Probably the same one who is trying to TM "PRIVATE LABEL RESELLER". It has been discussed here before.

Samuel
09-03-2002, 04:29 PM
Yep, you're correct.

webby
09-03-2002, 04:47 PM
yes , you are right

vipe
09-03-2002, 05:13 PM
Why beat around the bush? You mean, MCHost?

... and your post has to do with Reselling, how? :rolleyes:

Or... is this just a complaint thread? :D

mdrussell
09-03-2002, 05:14 PM
No point in speculation. I noticed it too at http://www.mchost.com

deadserious
09-03-2002, 05:23 PM
It looks like they have already done it in many countries.

http://webhostingtalk.com/showthread.php?s=&threadid=68982&perpage=15&highlight=trademark%20unlimited%20domains&pagenumber=2

Samuel
09-03-2002, 05:23 PM
Vipe, it has to do with Reselling, not sure what you're smoking

It's not a complaint thread.

I didn't notice it at mchost, I was e-mailed with the information, wanted to see what WHT thought about it.

vipe
09-03-2002, 05:37 PM
Really? I don't see how Trademark issues belong in the Reseller Forum:

Forum for issues related to reselling web hosting and dedicated services. Topics include advice and recommendations on providers, past experiences, payment issues, and discussion of other services required to resell web hosting.

P.S. I only smoke the good stuff. :D

Nedani
09-03-2002, 08:36 PM
Somebody should try to trademark "Unlimited Bandwidth”. Guaranteed success!

Techark
09-03-2002, 08:41 PM
Vipe I think it comes under, "discussion of other services required to resell web hosting."

Now if I am wrong report the thread to a Mod and I am sure they will make a ruling on it.

But since most reseller hosting companies use the term "unlimited domains" it sounds like the right place to me.

ATST
09-04-2002, 07:52 AM
Oh for crying out loud! A title like this: Trademark: Host Unlimited Domains belongs in the reseller forums?
What resellers do you know that are trying to trademark the dictionary? Besides, a multi domain owner is not neccessarily a reseller.
Of course I don't care much one way or another where this got posted, and am only posting my response on this, because I was already going to post on the trademark issue. It could be seen by some to fit in the lounge forums as well.

Now for my regularly schedualed post:

What exactly is required to trademark something? I always thought one had to have invented the name, or phrase. I guess not.
I think they just want attention, and even if their attempt at the trademark is futile, they still win.

weeps
09-04-2002, 02:47 PM
Originally posted by deadserious
It looks like they have already done it in many countries.

http://webhostingtalk.com/showthread.php?s=&threadid=68982&perpage=15&highlight=trademark%20unlimited%20domains&pagenumber=2

According to the united states trademark office (http://www.uspto.gov/) and strategis canada (http://strategis.ic.gc.ca) those trademarks are not registered nor have been suggested (ie: in progress) in canada or the US....? None of the trademarks listed on mchost.com are listed........ not even 'mchost'. :rolleyes:

tribby
09-04-2002, 03:11 PM
Well, there's a big differnece between a trademark and a registered trademark. Notice how there is only a TM behind the phrase and not an (R).

UmBillyCord
09-04-2002, 03:16 PM
Originally posted by tribby
Well, there's a big differnece between a trademark and a registered trademark. Notice how there is only a TM behind the phrase and not an (R).

The fact remains, TM means you have the intent to register. It just doesn't mean it is a free version of (R).

Also, anyone who has personally registered trademarks or knows IP lawyers will die laughing when you here some responses that have been given about this from MCHost and the responses from other trademark post from MCHost. Do some searches here to see what I mean.

shpilkus
09-04-2002, 03:21 PM
Originally posted by tribby
Well, there's a big differnece between a trademark and a registered trademark. Notice how there is only a TM behind the phrase and not an (R).

.. and as we have learned (we hold 1 trademark/service mark and 2 are pending), anyone - that means ANYONE - can throw a TM on anything they want. All it does is assert that you feel you have a right to it. It does not protect the mark, nor does it prevent another party from registering with the USPTO. Say for example, you claim trademark rights to a phrase on your website and throw the little TM up there. Someone else comes along and tries to register the same phrase. There is an official gazette of trademark applications that gets published every week, giving people a chance to object or claim that they would be somehow damaged by a mark that is pending registration. If you miss that opportunity, company #2 gets the (R) and becomes a registered trademark holder. Does that mean you've lost the use for good? No, but you'd have a hard fight ahead of you, having to document your legitimate claim to it, hire attorneys for sure, etc. Having the (R) is not required to claim trademark status, but the TM is virtually meaningless without something to back it up. My recommendation is spend the $$ and get the registration as soon as you can if it's something critical to your business (like your company name!). Food for thought.

----------------------------------------

From the USPTO (http://www.uspto.gov/web/offices/tac/tmfaq.htm#DefineTrademark):

Q. What is a trademark?
A. A trademark includes any word, name, symbol, or device, or any combination, used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods. In short, a trademark is a brand name.

Q. Do I need to register my trademark?

A. No. However, federal registration has several advantages including notice to the public of the registrant's claim of ownership of the mark, a legal presumption of ownership nationwide, and the exclusive right to use the mark on or in connection with the goods or services set forth in the registration.

Q. Are there federal regulations governing the use of the designations "TM" or "SM" with trademarks?

A. No. Use of the symbols "TM" or "SM" (for trademark and service mark, respectively) may, however, be governed by local, state, or foreign laws and the laws of the pertinent jurisdiction must be consulted. These designations usually indicate that a party claims rights in the mark and are often used before a federal registration is issued.

pgrote
09-04-2002, 06:00 PM
One slyly smiles at the amount of buzz Marc has generated.

Kiwi Buzz (TM)

BurstNET
09-04-2002, 09:33 PM
HEY...we started this (TM) stuff!
Give credit where credit is due! heh heh
We still hold the record for most (TM)s on our site ;-)

Sean R.
BurstNET (TM) & (R)!

appletreats
09-04-2002, 10:23 PM
Even if MCHost somehow managed to get "Host Unlimited Domains" registered, it would be easy to prove that they have no right to that trademark and take away the registration. Certainly someone has used that simple phrase before MCHost...