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aZooZa
08-04-12, 01:15 AM
I have a domain in .co.uk and .com - let's just pretend that it's something like 'portable file dot com'.

The domains were registered by me (or purchased; can't remember which) to address the online file sharing/storage niche. I have never developed them.

However, there are current TMs for this exact term, both in the UK and USA, by separate entities. Their TM is in classes like this:

"Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists' materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching materials (except apparatus)."

Neither of these TMs claim class for any type of online file storage.

Any insights or comments etc. would be appreciated.

aZooZa
09-04-12, 02:57 PM
Anyone care to have a stab at this? Thanks!

GreyWing
09-04-12, 06:21 PM
I think you'd be ok to use it mate, here is one with a TM in the correct class http://www.ipo.gov.uk/ohim?ohimnum=E6452411

Class 35 seems to be the correct to use, the one with your TM seems to be class 16 so in theory you are fine.

aZooZa
09-04-12, 06:41 PM
Thanks Graeme - that was my thinking also. I'm not generally thick about TM basics, but this is a bit of a strange one, with the TM on the physical product for storing files and documents, and my domains intended for use for same but on t'internet :confused:

GreyWing
09-04-12, 07:28 PM
Sometimes it seems too hard to believe you can use a name that is very close to someone else doing something similar but at the end of the day that is what the classification system is there for and if you couldn't do it then there would just be one TM for everything.