if you go to statups.com has a TM sign on their name which means that it is trademark registered. How is it possible so many other websites use the term "startups" without a problem ?
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They trademarked that specific design and perhaps the word with .com in it. In their case it is characterized by a bluish color and the ".com" on the bottom right. No one can claim an exclusive right to the word "startup" because it is a common word. For more details see: http://businessknowhow.com/startup/trademark-mistakes.htm |
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Your legal results may vary, but trademarking a domain (startups.com) and a word (startups) are two different things. http://www.uspto.gov/trademarks/resources/exam/guide299.jsp describes the process behind trademarking the domain as a unique mark, which is easier than attempting to trademark the word startups and trying to maintain its validity based on the concept of "distinct character" http://en.wikipedia.org/wiki/Trademark_distinctiveness I would maintain that startups is a generic term and would be unenforceable, while startup.com could be an enforceable service / trademark. |
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