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[Santosh]

Hello,

I am planning to register a site which has got a suffix dbase.

Now I am in a fix as to whether the word dbase is a trademark. THere exisit a site called www.dbase.com , but I am unaware if this word is a trademark.

Can u suggest me how to get tis doubt solved and should I proceed with the registration ??


THanks

- San

[Isaac]

A quick search at the PTO database indicates that dBase is a federally registered mark.

[JSonnabend]

While "dBase" may be a federally registered mark, that doesn't answer the question as to whether you can use the word as part of your domain name.  

In short, if your use of the word in connection with your website/domain isn't likely to cause confusion with the goods or services provided under the registered mark, and if your registration and use of the domain is in good faith, you very well may be able to use the word in your domain.  

- Jeff

[Isaac]

Jeff is correct in pointing out that I did not answer the question of whether the poster could use the mark in his domain name.   I ducked the question because I felt the question of "should I proceed with registration" was far more important and in the end unanswerable.

Without knowing the actual domain name the poster intends to use, the question is too impossible to answer, and even with that information, the question is a difficult and subjective one.   If the mark is not confusing, and a competing senior trademark holder is not inclined to feel the mark is confusing, and if the poster is litigation averse all figure into an answer to the question of "should".

[Santosh]

Hello,

Thanks for the replies.

My intention is to have a database of career oriented information. And ofcourse its for good.

SO what do you suggest, Do I proceed registering or should I forget this word ?

Or Should I ask someone else and then proceed with registering ?


P.S
Java is a Trademark, but JavaGreen is a very popular hangout in my country ( India )

[JSonnabend]

Well, "Java", in one form or another, isn't "a" trademark, it's presently 266 trademarks (registrations, that is).  Which illustrates an important point.  A word is not "trademarked" in a vacuum; it is "trademarked" in connection with specific goods and/or services.  So if your use of the word in question is different enough from the senior user's use, you should avoid tm infringement.

Also, bear in mind that registration of a mark doesn't necessarily mean you'll be free to use the mark.

Beyond that, Isaac is absolutely correct when he suggests that you're not going to get definitive guidance here.  You need to speak directly with a TM attorney who can assess your specific facts and help you understand your options and associated risks.

- Jeff