.Music trademark application dead on arrival and merchant service company applies for .pay mark.
A California sole proprietor is the latest person to waste money trying to trademark .music.
Joseph Walker, through is company ExtraWeb Ent., filed the application on April 12. Walker claims he’s using .music in commerce since April 10. Here’s his proof:
I tried to view that URL to see if it’s live on the internet, but I must not have been able to read it correctly.
The class of goods is “Providing internet domain name extensions”.
Needless to say, this application is dead on arrival at the U.S. Patent and Trademark Office.
Now here’s a trademark application that could be interesting. Colorado based Inspire Commerce filed a trademark application on April 18 for .pay. The merchant account company says it’s for a whole host of payment solutions. But included in the long list is “Web site hosting services; Domain name management services; Hosting of web sites; Hosting websites on the Internet.”
The company claims first use in commerce dating back to June 25, with its proof this post on its sparsely updated blog. That’s the only mention of “dot pay” I can find on the company’s web site.
Here’s something on the trademark battle over .eco
http://ttabvue.uspto.gov/ttabvue/v?pno=92055469&pty=CAN&eno=1
These new gtld’s seem destined to be in legal battels for years to come
Some of them, surely.
In case you were wondering . .
A quick database search in the U.S. and E.U. yields no registered marks for .news, though some tried and failed.
.NEWS could be a first batch tld, available as early as next spring.
901.02 Bona Fide Use in the Ordinary Course of Trade
The definition of use in commerce ( TMEP §901.01) was amended by the Trademark Law Revision Act of 1988 (TLRA), Public Law 100-667, 102 Stat. 3935, to add the phrase “the bona fide use of a mark in the ordinary course of trade, and not made merely to reserve a right in a mark.” The primary purpose of the amendment was to eliminate the practice of “token use,” or use made solely to reserve rights in a mark.
Some factors that may be important in determining compliance with the statutory requirement for a “bona fide use of a mark in the ordinary course of trade” are: (1) the amount of use; (2) the nature or quality of the transaction; and (3) what is typical use within a particular industry.