Dead TMs but showing as live in UK database.

[domainer111]

Or have I got this wrong?

Just like the beer ad. Probably.

Too many of these!

Today's example:

SurfingGear Dead per USA

Registered per UK.
http://www.ipo.gov.uk/ohim?ohimnum=E1085125

???

[safesys]

they're different tm registries so they don't need to mirror each other in terms of what is registered with them. A mark can be live in the uk but dead in america, plus the marks will almost certainly have different expiry/renewal dates which can lead to mismatches if not renewed. Also, one tm registry may grant a tm where another may reject it.

On a separate note, "E" prefixed tm's showing in the UK lookup are actually european community marks:

http://en.wikipedia.org/wiki/Community_Trade_Mark

[domainer111]

That's interesting safe thanks. Maybe the thing was not granted in the states. Never heard of the European thing it makes sense.

But what is the system for getting rid of no longer active tms in uk/eu. In the states they seem to really dig out no longer active tms. On the mobile so I'll check back tomorrow.

[devolution]

UK Trademarks last for 10 years, and then have to be renewed...

http://www.ipo.gov.uk/types/tm/t-man...tm/t-renew.htm

Also - if the mark hasn't been used or promoted for a while, you can apply for it to be struck off:

http://www.ipo.gov.uk/pro-types/pro-...ose-revoke.htm

IMHO, the reason why the US PTO is proactive about removing marks is because it allows big greedy corporations to take them over and profit from them. Just imagine if NetSol started taking back your .com domains if you didn't use them for 6 months or so, even if you had registered them for 10 years!

[safesys]

That's interesting safe thanks. Maybe the thing was not granted in the states

when looking it up marks via uspto.gov it shows:

Goods and Services (ABANDONED) IC 009. US 021 023 026 036 038. G & S: INTERACTIVE SOFTWARE FOR BROWSING, MANIPULATING AND FACILITATING USE OF A GLOBAL COMPUTER NETWORK

and you can click on the "tarr status" link to see the history of that particular tm application:

2001-06-01 - Abandonment - No use statement filed

2000-07-25 - Noa Mailed - SOU Required From Applicant

2000-05-02 - Published for opposition

2000-03-31 - Notice of publication

2000-02-23 - Approved for Pub - Principal Register (Initial exam)

2000-01-14 - Communication received from applicant

1999-07-15 - Non-final action mailed

1999-07-13 - Assigned To Examiner

1999-07-06 - Assigned To Examiner

1999-04-14 - Communication received from applicant

[domainer111]

The emphasis seems to be more proactive in the States.

Check out this one - paintball mania

The funny thing is there seems to be hardly any dead tms in the UK database compared to stateside. My hunch is the thing is full of dead tms. Where does that leave the domainers???

[safesys]

I don't really understand the problem re domainers.

you can examine the relevant tm databases and see what live tm's are in them and use that as a part of your due diligence process.

[domainer111]

Yes I guess that's the way it is.

[domainer111]

A classic today:

Trademark HOT TICKETS showing as live in the UK db.

According to the DB, The Evening Standard hold this TM:

Filing date:
06 March 1996
Next renewal date:
06 March 2016
Registration date:
18 October 1996

================
Curiously, according to brandrepublic.com, they ceased using this TM ages ago!!!

The story from brand republic entiltled "Evening Standard axes hot tickets":::

http://www.brandrepublic.com/News/15...s-Hot-Tickets/

The date of the article: 2002. High five!

[safesys]

http://news.bbc.co.uk/1/hi/uk/1528919.stm

But, explains copyright expert Alan Poulter of InterBrand, it takes little effort to keep renewing a trademark: "we are talking about a few hundred pounds here to protect in some cases investments of many millions."

In theory a company could hang on to a trademark forever. But if the mark is not used for five years a rival has the right to complaint and demand that the name be made available.

[domainer111]

Very interesting Safe. Leaves people using the DB in a tricky situation.

As Brian Cowen, current Irish Taoiseach said (speaking about potential minority government parties at the time):

"If in doubt - leave them out".

[safesys]

Leaves people using the DB in a tricky situation.

how so?

[domainer111]

Sorry with you now.

Okay so your looking at the DB.

You know this domain might get typeins. Its perfectly descriptive. But there is a TM in the UK DB.

You look at the address. It goes something like this:

Floor 55
Unit 55
Townsville
Birmingham

No sign of a web site, nothing in the archive. .co.uk domain parked.

Check archive. Domain always parked, never developed by tm holder.

But maybe, just maybe - they will claim their tm.

Result: domain does not get regged. Customers remain unserved.

[safesys]

well, yeah - if it's in the db as live then it's live. As I understand it, even if it has not been used for 5 years you'd still have to go through the process to get it removed.