Filing Date

[DanaTheDogMan]

Can anyone let me know the definition of and meaning of "filing date" on a trademark?

Thanks

 

[DNQuest.com]

It's the date the application was filed. It has nothing to do with the recognition of a TM. First use is stated on another line.

So the TMed domain you registered may have been before the filing date, but the chances are there was a TM on the name before that date.

 

[ttu_soko]

^^^what the above poster says.

In addition, the filing date significant in determining the PRIORITY of your trademark (i.e. win over a person you filed after the date you filed), however you could possibly come into problems with the person who didnt file but "first used in commerce".

Sam

 

[jberryhill]

the chances are there was a TM on the name before that date.

I don't know the relative proportion between 1(a) (use-based) and 1(b) (intent-to-use) applications.

FD matters mainly for 1(b) applications.

 

[DNQuest.com]

Hi John, if you have been reading some of these posts, you will see the current trend of people challenging TMs based on the filing date on TM applications for names that have been in use for years. I was just trying to be proactive...

If a name is intent-to-use, then the chances are domainers aren't registering them yet becuase they never heard of the names lol

 

[jberryhill]

Hi John, if you have been reading some of these posts

No, I just drop in to kibitz on the answers. I'm leaving the battle of "is there a trademark if it's not registered" to you and others.

When you see, e.g. a first use date of X, but a Principal (2F) indication, then you've got an open question as to when the mark became distinctive.