Question about TM date...

[elivate]

So let say I have a ccTLD domain that is the exact same as a .com that is a developed site.

The TM for the developed site was filed after I registered the ccTLD, even though the site was developed and online prior to the TM filing.

Would there be grounds for them to challenge me and try to get the ccTLD domain?

[marcorandazza]

There might be.

Trademark rights arise from use, not from registration.

Of course, their case would be easier if they had registered rights that predated your domain registration. Nevertheless, they could still have common law rights that began accruing when they first used the trademark in commerce.

If their common law rights predate your registration of the domain, then they may have you over a barrel.

Naturally, it gets more complex than this -- but the bottom line is this: Don't think you have a slam dunk defense just because the date of registration of your domain is earlier than the date they registered their trademark.

[elivate]

Originally Posted by marcorandazza

There might be.

Trademark rights arise from use, not from registration.

Of course, their case would be easier if they had registered rights that predated your domain registration. Nevertheless, they could still have common law rights that began accruing when they first used the trademark in commerce.

If their common law rights predate your registration of the domain, then they may have you over a barrel.

Naturally, it gets more complex than this -- but the bottom line is this: Don't think you have a slam dunk defense just because the date of registration of your domain is earlier than the date they registered their trademark.

Thanks very much for the response. I figured this was the case, but I wanted to get some more information first...

[marcorandazza]

Glad to help.