Can Domain Registration Constitute First Usage?

[Jammer]

For example,if I come up with a name or phrase,register it and park it(after ensuring there are no TM issues),does this constitute first usage in the event that someone rushes to trademark it before I do?

 

[AdoptableDomains]

I'm just speculating here, but:

1. It's normally the first use IN COMMERCE. You would have to prove you are using the mark in some specific commercial use. I'm not sure a parked page would meet that definition or be specific enough of a product or service.

2. If parked, it wouldn't normally have the "TM" symbols to show you are claiming a Trademark, which may not be required, but would be a big plus.

3. I haven't heard of this being enough, and likely it would have to be decided by a judge or jury.

 

[Dave_Z]

For example,if I come up with a name or phrase,register it and park it(after ensuring there are no TM issues)

And if someone eventually establishes trademark rights to that word and your
parked page shows an ad for that trademark's competing product/s, uh oh.

Then again, there's no end to people's creativity. (even blatant ones...)

 

[DNQuest.com]

TMs are earned thorugh usage in commerce. First use is when you started using the name in commerce, then it has to gain secondary meaning in order to get TM protection. TMs are not jsut handed out just because (though there are "intent to use applications where the "furst use" date would be the date of the application)

So if you have a domain, then a TM is establish after the domain is registered, be sure to not have any links or ads to them.