Have I breached tm?

[kev]

Hi guys,

I have a domain which was registered a month before a trademark was filed for the term ive used. have i breached trademark or am i in the clear? Im not up to scracth with domain law these days

kevin

 

[Peter]

that really depends on wether they were using the term that was trademarked.

Trademarks do not have to be registered to be effective.

 

[createmx]

...ooooh short answer yes with an if, long answer no with a but...

What sort of company is using the name?

 

[labrocca]

Were you aware of this company when you registered the domain?

 

[kev]

Were you aware of this company when you registered the domain?

no

the person who registered the tm has no right to register the tm, as the true user of the name did not register it, if that makes sense

 

[DNQuest.com]

The important date here is first date used in commerce, not the filing date. If first use predates your registration, that will weigh heavily. Can the TM holder prove common law TM? Also, are you in the same catagories as the TM holder? Is the TM unique?

As far as the person has no right to register, only the government can say that.