Blesta Is A Registered Trademark?

[online_king]

Hello Everyone,

 

i just new to this forum and i just read blesta is not registered TM from famous forum.

 

i can't find http://www.uspto.gov/trademarks/process/search/ here.

 

anyone clarify this?

[ioFlare]

You and whoever else is nagging about this needs to look into trademark law.

 

Anyone can trademark ™ anything just like a copyright. It is up to the creator/holder of the trademark to protect the IP (intellectual property). This usually entails a cease and desist and if further action is required a lawsuit. Also just like a copyright in most countries a trademark can be registered ® with the respective national trademark office. This adds additional protection under the respective countries trademark/copy/IP protection laws which usually includes a fine, possible jail time, and may also include additional charges of fraud when/if misrepresenting the trademark.

 

This knowledge is very basic when it comes to business administration/law. If you and others from this so called "famous forum" don't understand this you really need to rethink your business strategy.

[online_king]

okay. i knew about what is trademark and what are the rules it belongs to.

 

i just read it some other places, so i'm curious to know, is that information is true or not.that's it.

 

i saw ^TM in blesta.com logo itself but they already legally registered it?

[Michael]

Yes it's trademarked since they started Blesta. 

[online_king]

Yes it's trademarked since they started Blesta. 

 

where it is stated ?

[ioFlare]

If it were registered it would have a ® next to it. So no, it probably isn't registered but that does not mean Phillips Data, Inc. does not hold a legal trademark ™ on it. 

 

Again they legally hold a trademark ™ on it as long as they can prove that they held their trademark prior to use by public/others. Public is in reference to common words/terms/phrases which "blesta" is not, it is obviously unique, so that leads to others which includes individuals and businesses using/referencing the term/word. Otherwise any use, reference, etc. requires their express consent or they can pursue legal action.

 

I think your original post was in reference to a post on WHT about a domain sale/appraisal. The simple answer is that anyone can own/hold the registration of a domain name even if it contains a trademark registered or not. Legal precedent says that they hold/own the registration of the domain not the name itself. Using the domain for business (active site) would require the consent of Phillips Data, Inc. or the content of the site would have to be unrelated to the original trademark and the owner/operator of the domain and site could also be legally required to place a notice of non-affiliation.

 

Really just ask Phillips Data, Inc. if you can use their trademark. Open a support ticket, email, or even call them. In most cases businesses wont mind as long as the use is not by a competing product/service or defamatory.

[online_king]

Yes, i saw the post on wht and willing to sell blesta themes in future(seeking domain name for this one).i will contact philips once i choosed domain name.

 

thanks for kind reply.

[Michael]

Yes, i saw the post on wht and willing to sell blesta themes in future(seeking domain name for this one).i will contact philips once i choosed domain name.

 

thanks for kind reply.

 

Yeah I was going to use blesta in my name, before Paul suggested it was better not to and I could sell other licenses in the future, and I have it's a weird industry which is small. Themes might be good with their name because you'd only be selling theirs, or something like billingthemes.

[Paul]

Yes, i saw the post on wht and willing to sell blesta themes in future(seeking domain name for this one).i will contact philips once i choosed domain name.

 

thanks for kind reply.

 

Blesta is in the process of becoming a registered trademark with the US patent office. I saw the post you are referencing, a domain with the name blestareseller in it. In order to become a Blesta reseller, we have to create a reseller account for you and we have not so far allowed anyone to be a reseller through a domain name with Blesta in it. It's unlikely we will do so.

[eversmile_host]

i sent PM. Please check @Paul