Domain - trademark Need your help please

[Aboutdomains]

Hi All,
I am not very clear about the following domain registration and trademark:

1- I registered a domain and created website 5 years ago
2- The other company created a trademark same as my domain/ website and doing the same business three months ago.

The question is: am I safe from this?
Thanks for your advices

 

[HappyDay]

No, you had 5 years to create a trademark. Your chance is gone.If you have a good lawyer I see a chance that there are good reasons to bring forward the argument that you own it since a long time but the fact is you don´t have the name trademarked.

 

[Robin]

Yes you are very much safe since you have using that website for the last 5 years. Use of some name for a long time also act as a Trademark.

 

[PolurNET]

Did you register your business (e.g. as a LLC or Inc.) too, in your own state? If so, you may have a legal protection for your company name.

 

[Ronald Regging]

So you're stating that you created a business 5 years ago and 3 months ago another business was created using the same name? And you're wondering if you are OK? Assuming you have a legitimate business, shouldn't you be more concerned about how their website is going to infringe on your business?

 

[jberryhill]

So you're stating that you created a business 5 years ago and 3 months ago another business was created using the same name?

Who knows... it's anybody's guess what is meant by "created a trademark" in the OP.

 

[ReGrizzly]

If you have been operating for 5 years as an entity contest the trademark (if in fact they are filing it/have filed it) and then let that business know that they are infringing on your trademark (I'd go get a lawyer for this part personally). You have what is called a "common law trademark" however, it's tough to prove, although, having the domain for 5 years will help you some, and if you've registered your company, even if it's only a "doing business as" company sole proprietorship than you still have some legal room to wiggle. How do you know they registered the trademark? How long has that company been operating under that name? Need some more info to help you out. Same state? Country even?

 

[jberryhill]

If you have been operating for 5 years as an entity contest the trademark (if in fact they are filing it/have filed it) and then let that business know that they are infringing on your trademark

Given the fundamental mystery here about whatever the heck the OP means by "created a trademark", what makes you think the OP has been using the term in question longer than the other entity he/she is worried about?

For all we know, the other entity has been using the mark worldwide for a century, and recently applied for or obtained registration.

My guess is that the probability of the OP explaining what is meant by "created a trademark" is low.

 

[ReGrizzly]

Read "fact" 2 that he said. 3 months ago.

 

[jberryhill]

Read "fact" 2 that he said. 3 months ago.

You have no way of knowing what he meant by "created a trademark.... three months ago" - that's my point.

People on these forums have all kinds of bizarre notions about trademarks. Guessing at what some random person might mean by "created a trademark", particularly when it is evident that English is not their first language, is a poor recipe for accuracy.

Does he mean - "began using"

Does he mean - "filed a registration application"

Does he mean - "obtained a registration"

What might be relevant to this person's situation could differ markedly depending on WTF he means by "created a trademark".

 

[hardy]

You will definitely gonna face the problem due to this you should consult lawyer