We have added on IC 035. US 100 101 102. G & S
NOTE! If a "domain" is available for purchase from sites that sell them, the domain does not automatically qualify for use as a trademark or website. It is your responsibility according to current law to investigate whether or not you may use a domain you purchased as a trademark or website. Consult with a Trademark Attorney prior to doing so.
GOOGABOX is a Federally protected Trademark and has been since 2007. This TRADEMARK was first used as a Social Network featuring Classifieds that acquired 35 thousand members during it's Social Network Operation. It is now only focused on CLASSIFIEDS in the form of "Multi-vending" representing "Multi-vendors" and is protected for the service of CLASSIFIEDS featuring Video and pictures. This protection qualifies dating back to 2007, even though the class has shifted to "IC 035" on the Federal Roster. This Trademark is used for representing Multi-vendors INTERNATIONALLY selling ALL CONSUMER GOODS that proof LEGAL. Due to it's long existence in e-commerce, this Trademark can not be opposed anymore.
This Trademark does NOT represent the sales of any type of pornography, animal sales, illegal services and items prohibited by law Nationally or Internationally.
However this Trademark is PROTECTED and considered ARBITRARY and fanciful in nature. Therefore, anyone using it's likeness or copy the mark for ANY service will be in jeopardy of opposition and legal proceedings.
Please note: Trademarks do NOT have to be exactly alike for Trademark law to apply. A mere likeness to a degree that may constitute infringement or confusion is enough to violate Trademark law. If a "domain" is available for purchase from sites that sell them, the domain does not automatically qualify for use as a trademark or website. All purchasers of domains have a duty to check the domain against other domains on the domain registrar and check the mark they intend to use against the Federal Registrar.
Failure to school yourself with this process may result in civil action and opposition and can be very costly as should you loose your case, you will be responsible for ALL fees and damages incurred by a legal proceeding.
It is advised that you contact GOOGABOX if you feel there may be a problem with a domain or Trademark you intend to use, so that we may take this under advisement.
Do note: The government has for quite some time stressed that they concede DOMAINS, irrespective of the extension of "dot com", dot net" etc. are being used as Trademarks, therefore domains are under the same scrutiny when compared to Federal Trademarks for confusion, infringement, dilution etc. Thinking it's OK to use a domain when it may be confused with a Trademark would be inaccurate and may result in a civil complaint, or complaint through ICANN (UDRP). International domain registration in other countries other than the United States, can be opposed in Federal Court as well through "in rem" procedures that constitutes filing against the domain itself, should a "in personam" proceeding be impossible due to a entity or person residing in another country. This means jurisdiction can be established with US. Federal Courts even if the Registration of the domain opposed is abroad.
It takes considerable funds, time and effort to secure a Trademark and once protected the owner of such will do what it needs to in an effort to be exclusive on the mark.
For example: GOOGABOX/ DOOGABOX is too close, even if the marks do NOT represent the same services. Should "DOOGABOX" be used to divert to another service, "hijacking"
of the "GOOGABOX" Trademark could be claimed in a civil proceeding by GOOGABOX.
More examples of what could cause an opposition:
GOOGABOX /GOOGBOX /GOOBOX
GOOGABOX /GOOBABOX/ GOBABOX/ GOOBEBOX
GOOGABOX/ DOOGABOX/ DOGABOX/ DOOGEBOX
GOOGABOX/ GOONABOX/ GONABOX/ GOONEBOX
GOOGABOX/ LOOGABOX/ LOGABOX/ LOOGEBOX
GOOGABOX/ GODEBOX/ GOODEBOX/ GOODABOX
GOOGABOX/ GOOGAVOX/ GOOGAFOX/ GOOGALOX etc.
GOOGABOX/ GOOGAGABOX/ GOOGAGAVOX/ GOOGAGAMOX etc.
GOOGABOX/ GUGABOX/ NUGABOX/ DUGABOX
GOODABOX/ GOODEBOX/ etc.
ADDING "THE" OR "A" BEFORE A MARK DOES NOT CHANGE IT'S OVERALL IMPRESSION, (SOUND, PRONUNCIATION AND TEXT) THE VERY THING THAT IS LOOKED AT WHEN THE BOARD/ COURT COMPARES MARKS.
Also by adding a "plural" element does not change confusion. For example: "GOOGABOXES" or DOOGABOXES" could still be a cause for confusion with "GOOGABOX"
These are some examples (above) that could cause an opposition. The reason for this is the mark GOOGABOX is considered/ perceived "ARBITRARY" as a whole, and not "descriptive" rendering it FAR more protection than "descriptive" marks such as "Doggie World" or kitty Store""
The public eye sometimes misconstrues when marks are observed and with Arbitrary marks this is even more so possible and most likely.
Another aspect is "services/ goods" represented by a mark, especially when it concerns "Arbitrary" marks. Even though you may claim your class of goods/ services are different, the mark will still be confused with ours. You also may feel you are a "small" business, however the In re E.I. duPont de Nemours & Co., 476 F.2d 1357 (CCPA 1973) specifically states that "more trade channels may open up" for the mark claiming to be a small business and thus may become more famous and lead to confusion/ dilution/ infringement.
Marks "do not" have to be exactly alike for confusion to occur. This is duly recognized by ICANN, the courts and the TTAB. An unbeknownst or uninformed person is what this is based on.
Consider carefully before purchasing a domain that's "available" as domain sellers care for your money, not you and as of yet are not required by law to inform the consumer that a domain for sale may infringe upon a Trademark or another domain. This also applies to "common law" trademarks that has a scheme of "judicial" protection (In US. ONLY)
GOOGABOX VS GOOGLEPLUS (GOOGLE+) (GOOGLE PLUS)
We wish you prosperity!
The GOOGABOX GANG!