Legal Question in Business Law in California

Is "wiki" a trademark or generic name? can I use "wiki" alongwith any word to register a domain, say "mywiki.com"?


Asked on 6/07/12, 9:13 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

The United States Patent & Trademark Office at www.uspto.gov reports 208 applications for trademarks containing the word "wiki" of which about half are considere "live" because they have been granted or the applications are still pending. Further, someone filed to register "mywiki" back about 2006 but abandoned the application later on by failing to file a notice of use or to obtain an extension of time to begin use. So, as to the word "wiki" itself, I'd say it was trademark-able but now already taken, as well as many combinations thereof, and as to "mywiki" or "mywiki.com" you should look it up at the USPTO Web site then contact the applicant or his attorney to see whether it looked as though the application was going to be approved if they had pursued it, or if their lack of further pursuit was because they got some negative feedback from the USPTO's examining attorney. Since the trademark process takes about a year, often more, to complete, there's some value in applying for a name to tie it up while you are completing your business plan and starting up the business, but keep in mind that the application might eventually be rejected.

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Answered on 6/08/12, 9:23 am


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