This would depend surely on the name and how you would be using the domain. Generic has a different meaning in TM law than it does is context. Windows is a generic word, it is in the dictionary, but register windows.jp and sell software, you are dead in the water.
Companies DO NOT need to register for a TM and could aquire common law TM status. So because it isn't registered doesn't mean too much. If you type the company name in google, does the company show up in the results??..
When I google the name of the company, it is first in the listing.The client list of the company website boasts names of hot shots in the industry.
My intention of using the domain name is to sell it to some one who would want to develop it. I have no intentions of profiting from their brand name.
I never knew the company before I thought of registering this domain name. I came to know about this company when I typed one of the extension of the genericword.
I did a TM search on the US registry website. And also on the place where the company operates. But didnt find any TM registered.
I dont know if the company is known by the generic word that it used to redirect it to their website...
It is this one sentence alone that this is considered bad faith registration. If indeed they prove they have a TM (which they might just by what you say), then you r registration is in bad faith. Also, an urban tale of selling domain, it isn't if you "profit" from a domain, it is if you make any revenue becuase of the domain. (selling it, ads, develoopment, affiliates site, etc...). Your outlay could be more than what you bring in and all that matters is that you brought in money...
You will be profiting from their brand name. You know of their existance and would be buying the domain because you feel that it has some worth because it is an established Latin American cellphone (related?) company. You will be profiting from their brand name in this sense (you dont need a website to make money from a domain..).
Maybe you should think through your reasoning next time...
Generic word? Sounds like you're good to go. Remember that there would be a difference if a mark is "Famous"...
^^^^^ must read all posts first, then add your 2 cents... OP stated the "generic" word is also a name of a company which the extension of that country is the domain that is available. He also states he wants to sell the domain to someone else for developement. Without knowing the actual word, you can't say if it's good to go or not...
Thanks Philip for the above post.
I would just like to add again, that the company IS NOT known by that generic word. They are directing the www.genericword. to their website. The company is Located it Location A and the extension is available for that particular country A.
MyPGP- could you please ellaborate more on the "Famous" Mark post?.
Just to make things more clear:.
Assume that the company sells TVs....the name of the company is XYZ. www.tv.net is directed to www.xyz.com www.TV. is available. if I register this...will it bring any problems?..