...If they're trading - Yes - but this does not neccessarily mean that they have 'exclusivity' to the name.if a website is displaying a tm next to there name, but when doing a search on the uk tm site there isnt one, does this mean they still have a trademark?
A site using TM next to a logo, words etc is making it clear they believe they have a TM... A TM does not have to be registered to be a TM an example of this would be acornsdomains logo
The person stating TM s not trying it on as Lee suggests they are defending rights
They're basically warning you, try it on and we'll protect our rights to this mark which we claim as ours.
i see what you mean, ok i have the .org.uk version and they have the .com/.co.uk the domain name is very descriptive as it is used in everyday life. so say i make a website that is completly different than theres and then put tm next to my domain(logo) do they still have rights ?
Yes they've got rights on their tm and or name, they may not be intestered in worthless little old .org.uk but when you develop you have rights also, then you can apply to extend those rights with the government but the third party may disagree and challenge your rights and protect their own, then they may apply for rights, if they win, they may try for your domain, dog eat dog.
so even though they got no tm or anything, i still cannot get a different extension and make a completly different site ? thats barmy....
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