Trademark after registration

[Keral_Patel]

I have been wondering that if I register a domain name and it is not trademarked at that time. Afterwards some company does trademarks that name and then in some months files a case against me then would the case go in my favor because I registered the domain name without any bad intention?

Just wondering about it.

Thanks.

 

[DNQuest.com]

If you start using the domain in bad faith, you could lose it. Though it is written as" registered AND used in bad faith", it has been interpreted as "registered AND/OR being used in bad faith". So be careful on how you use the name. Now, if you were using the domain actively in the field before the TM is acquired, that is a different story. But make sure you know "first use" of the TM and it is not neccessarily the date it is filed with the USPTO.

 

[Keral_Patel]

Got it. Thanks for the input.

Just another one. Like an example. If I have a gaming site and I have a domain name. Which I am using for online games. And after that someone trademarks it for some gaming product. Then wouldn't it create more confusions.

 

[shockie]

if you have your gaming site up before they trademark the product, then the domain isn't being used in bad faith imo.

 

[Earthian]

especially if their first use in commerce was way after your domain registration , maybe you should also consider about reverse domain hijacking because nowadays when a company prepares a new product , they check the .com version of it so as to register it (if available) or buy it in cheap before there is publicity around the brand name ... if they saw it was registered and thought about launching the product . trademarking it and going after your domain , then it is a case of reverse domain hijacking ...

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