My domain was registered in 2000 same name with a TM company created on 2003 Am I OK?

[htkhoi]

Hey guys!

I registered a dot com domain back in year 2000, there is no website for this domain yet. I just find out there is a TM Company has the exact same name with my domain and they have the .net + .biz + .info version (these domains were registered in year 2003)

I have 3 questions:

1- If I sale this domain, then will the new owner has the trademark problem?

2- Should I contact that TM company to ask them buy the dot com version?

3- If they sue me, then can I use domain whois record to prove that I got the name before their company established?

Thanks

 

[weblord]

1. nope, unfortunately/fortunately he got in to file his tm before you did.

2. probably if you can show proof to tm owner that you own first before he did yet risky.

3. you will receive c&d first.

 

[htkhoi]

3. you will receive c&d first.

what is c&d you were talking about?

thanks

 

[DeenaEsq]

He means Cease and Desist. It's a type of letter demanding that you cease using the trademarked name.

The real question is whether the trademark was registered before you registered the domain name (regardless of when they registered their domain names). That's going to be important should they ever come after you.

Deena
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