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Trademark and Patents - Difference

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JamesCrew

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Quick questions.

I know a little what a trademark is and that I should not register trademarked domains. But what if there's a company who patented something (a process or a product) and I register a domain similar to their patent, like registering a domain from couple of words from their patented process/product? Would that be considered safe to go with or am I in trouble?

If it is safe, can I offer the name to that company who patented it?

Confused...
 
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The views expressed on this page by users and staff are their own, not those of NamePros.
Names and logos of products and services are protected by trademarks.

Patents, on the other hand, protect the invention of products themselves as well as design, not names or logos. They are completely separate things afaik.

Generally, patents and trademarks do not overlap, except when the design of a product is actually used to distinguish itself in the marketplace, then trademark rights may kick in as well.

If it's patented but not trademarked as a name or logo (unlikely), then I don't think there would be any problem. I would be careful though.
 
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Just a word to warn you that common sense does not always apply for patents and trademarks/copyright questions. It is always advisable to consult with a specialized lawyer. They are all extremely expensive and, in my experience, they will never give you a back and white advice.

Registering a domain with the hope to sell it to a 'legitimate-right-owner' (or even potentially-legitimate) is a dangerous game. It's usually safer to develop a site and wait for them to come.
 
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Names and logos of products and services are protected by trademarks.

Patents, on the other hand, protect the invention of products themselves as well as design, not names or logos. They are completely separate things afaik.

Generally, patents and trademarks do not overlap, except when the design of a product is actually used to distinguish itself in the marketplace, then trademark rights may kick in as well.

If it's patented but not trademarked as a name or logo (unlikely), then I don't think there would be any problem. I would be careful though.

Thanks for your reply mate.

Exactly, that's what I want to confirm. Actually the domain I register refers the "process" that has been patented. So is it O.K. or am I in trouble?
 
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It's hard to say without knowing what your domain name is
 
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