Discussion of Proposed site for CompuMich (not a real company), a Michigan based computer retailer. Registered domains include compumich.biz, micomp.biz and michweb.biz.
The source for information on trademarks is the E-Commerce text book on pages 6.27- 29 and the United States Patent and Trademark Office Web Site. http://www.uspto.gov

US Trademark Information

The below information was accessed on December 03, 2001 using the keywords listed in the domain names section from a search engine on the United States Patent and Trademark Office Web Site.

Based on the Trademark information, my recommendation to CompuMich is that they may want to consider working out a mutually acceptable written contract with the current owners of the CompuMich trademark. Perhaps for the use of their name, they could offer to link to and promote their Internet service. If CompuMich can demonstrate that they have been using this name prior to August 22, 1995 and that it is an important aspect of their business, they may be able to leverage this in negotiations with the trademark holder or perhaps take it to court. They should be prepared, however, that this company may not want to part with the name or may want to negotiate a percentage of the business.

Another alternative would be to change their name to MiComp which has been trademarked twice but has not been renewed. Trademark registration of both Micomp and Michweb should be applied for at an initial cost of $300.00 per application. Other details and costs involved are indicated on the government web site. Amoung the details is submitting a stylized logo for the name which means they should consider hiring the services of a designer to accomplish this or create one on their own.

Registering for a trademark does not guarantee you will get it. Further study is done which may take more than a year before the government finally assigns you the trademark and it must be renewed.

Brand Recognition

A trademark involves "branding" or brand recognition. If a company can demonstrate that they have a prior claim to a name and that they have been and are using it in the conduct of their business, they can press legal charges. Besides the cost of lawyers and court time, the offending business may have to pay damages and may even be barred from continuing business during the proceedings. A noteworthy case to look at is one won by Flowers.com. You may read about it in their press release section.

Addtional information regarding MARKS COMPOSED, IN WHOLE OR IN PART, OF DOMAIN NAMES is available from the government site through the following link. http://www.uspto.gov/web/offices/tac/notices/guide299.htm