trademark question

[FMS]

We are in the process of filing a trademark for our internet company as there is no mark on the name as of yet. However, there is a company in Europe using the same name, and has been using the name for 1 year prior to our using the name.

The European company has no international trademark filed on the name either. Are we in the clear when our trademark is approved or should we be concerned and consider changing the name?

P.S. We had no idea this was the case in the beginning as we did our trademark search and found nothing. Any help would be appreciated before we go ahead and spend the money to trademark.

Thanks for your help

[DaddyHalbucks]

Trademarks normally apply in the geographic area of use. As a further limitation, also in the particular field of use.

If they are doing business over there and you are doing business here --there may not be a conflict.

This is not legal advice and I am not an attorney.

[NameAlot.com]

You are completely in the clear.... I've helped a few people through trademark issues. Basically the USPTO and I guess I should mention W.I.P.O as well, operates on a first come basis. Once your trademark is approved, you hold all rights to that name and protected under trademark laws. The other company is the one who may then have to consider a name change should their marketing, product/service, site, or anything else infringes on your product/service marketability. That's just a general jist of the game more consider in the future should complications arrive. In any event good luck with everything!

note: I'm am not an attorney and this advice is base soley on experience in the arena.

Cheers