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WhoaDomain.com

WhoaDomain.comTop Contributor
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Here we go again! Another Trademark question.

And no this is not for a domain I own it's for a domain I considered buying in aftermarket.

So came across a trademark on the uspto.gov website before purchasing an aftermarket domain.

it shows a filing date (easy enough to understand) but then there is this Priority Date.

How does the priority date affect a trademark?

say a trademark has a Filing Date of

Filing Date June 6, 2017

but a priority date of

Priority Date December 16, 2016

I've read up about this already but just wanted NP experts to confirm. Priority Date takes precedence right? So the Trademark for all intents and purposes might as well have been filed on December 16th correct? That's a bit unfair.

Also another question.

What about Trademarks with special characters in them? like say (+) a plus sign? like A+B Enterprises?

I've never seen a trademark like this before.

does that mean ABEnterprises.com can't be owned and sold? or is this one of those "Trademark Lottery's" again?

I'm looking at this domain right now and ABEnterprises.com (just an example) is available for purchase and it's cheap registered 3/15/2017.(Don't ask me why A+B Enterprises did not register it) Instead they built their website on
A-BEnterprises.com but then trademarked A+B Enterprises.) It's a generic enough domain that could be used be any company and could be resold to pretty much anyone.

Of course the big question is can ABEnterprises.com be resold to A+B Enterprises legally without being considered "bad faith"?

but then again there is that A+B Enterprises trademark. would A+B Enterprises be able to win and get ABEnterprises.com?


So does the Trademark priority date of December 16, 2016 beat the domain registered on 3/15/2017 date?
And is ABEnterprises.com generic enough to be able to keep legally if the domain doesn't have that (+) plus sign. or it doesn't matter as it's consider the same?

And no this isn't a Verizon domain.

Why this company trademarked A+B Enterprises and not AB Enterprises instead or also, I have no clue. Although their company name is A+B Enterprises Inc.

can one successfully argue that ABEnterprises is not the same as A+B Enterprises the trademark?
 
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Is there a first in use date on the trademark? That's the critical date. Not the reg date. The other most critical thing is what the trademark is for. Provided you don't infringe on the trademark, you can pretty much do anything with the domain, including selling it to another company. The TM holder can still come after you if your buyer infringes on the trademark. But it's more the exception than the rule. Harder to prove also. Just make no mention of the TM when selling the name. Or better still point out the TM and ask them if their use of the domain would infringe on the TM. If yes. Don't sell.

If you want legal advice? Consult a TM attorney :)
 
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Galaxy Traveller

Established Member
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Actually you cannot find any domain without trademark. General words are safe imo. Even name pros contain several trade marks match name+pro but those are general words.