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BizIPEsq.
BizIPEsq., Attorney
Category: Intellectual Property Law
Satisfied Customers: 996
Experience:  I am a tech attorney and I represent clients with technology, internet and intellectual property matters
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I own mingle2.com (US company) and also Mingle Ltd (hong Kong

Resolved Question:

I own mingle2.com (US company) and also Mingle Ltd (hong Kong company). I want to own the Mingle trademark but there's a company called Mingles.com who owns a trademark around Mingles and I think it conflicts. I tried to buy the company a few years back but we couldn't come to a deal that made sense for both parties.

I'd like some guidance on what my options are.... Looking for someone who knows a lot about trademark law and such.
Submitted: 1 year ago.
Category: Intellectual Property Law
Expert:  BizIPEsq. replied 1 year ago.

BizIPEsq. :

Hello, I will be assisting you

Customer:

hi

BizIPEsq. :

Generally speaking, trademarks are divided to 45 industry categories (called classes)

BizIPEsq. :

similar names can co-exist provided they are in different classes. The question is does mingles and you do different things?

Customer:

ok mingles.com is a free dating site.. very tiny... miniscule

Customer:

mingle2.com is a free dating site - prob top 5 largest in the world

BizIPEsq. :

do you know if mingles owns a trademark?

Customer:

mingle.com is a social network that i am launching later this year... its not really a free dating site, but there will definitely be dating activity on it

Customer:

mingles.com owns the MINGLES trademark. Another company owned mingle.com before I did, they tried to create a MINGLE trademark but it was blocked by the MINGLES trademark

Customer:

Once I acquired the mingle.com domain, I tried to acquire mingles.com, the owner, and all the assets including trademark

Customer:

this was about 2-3 years ago

Customer:

The mingle2.com is a CA company

Customer:

Mingle.com is going to be launched as a Hong Kong company

Customer:

I want to know if I launch mingle.com ... should i make an effort to get the mingles trademark so that I can then have my own mingle trademark to protect my brand and logos

BizIPEsq. :

the answer is yes! you should absolutely file for registration mingle based on your ownership of the domain

BizIPEsq. :

otherwise you risk the domain being taken away from you as per ICANNs domain dispute rules

Customer:

ok but i just told you that someone else tried to do it and it was blocked by the mingles tradeark

BizIPEsq. :

especially since your site chronologically was established after mingles

BizIPEsq. :

then you need to try again and possibly under a different class and with a different attorney

Customer:

i wont be able to get a trademark for mingle , another guy tried and it was blocked by the mingles trademark (owned by the mingles.com guy)

Customer:

can you help me with that ?

BizIPEsq. :

experts on this site cannot assist directly in filing. I do have a colleague that handles IP work and has international clients as well

Customer:

ok could you possibly give me an intro .. i need that expertise..XXX@XXXXXX.XXX is the best way to contact me

Customer:

but it sounds like if i was able to acquire mingles.com, the assets + trademark .. .i would have no problem with owning the mingle domain

Customer:

sorry mingle trademark since i would have all the trademark rights

BizIPEsq. :

The JA system blocks emails. You can write to businessiplaw at lawyer do com

BizIPEsq. :

I agree with your presumption that's why I think with the proper lawyering you stand a decent chance

Customer:

vanchau at gmail do com

Customer:

ok i will send an email too

BizIPEsq. :

I trust this resolved your question

BizIPEsq. :

Please rate my service

Customer:

ok i sent an email...

BizIPEsq. :

good luck!

BizIPEsq. :

and keep me posted

BizIPEsq. :

please use the rate button below

Customer:

wait so businessiplaw at lawyer com is who i should write to that will handle my trademark case?

BizIPEsq. :

you can speak with him and see what he says

BizIPEsq. :

The system needs to close the chat windows. Please rate my service. Without your rating I do not get paid for my work. As noted, keep me posted (you can continue to write after you rate)

BizIPEsq., Attorney
Satisfied Customers: 996
Experience: I am a tech attorney and I represent clients with technology, internet and intellectual property matters
BizIPEsq. and 2 other Intellectual Property Law Specialists are ready to help you

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