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Classic TM quandary-Company has just filed for TM on my 5 year old domain-What to do?
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<blockquote data-quote="katherine" data-source="post: 2118669" data-attributes="member: 63835"><p>That's not the point, the company can still file the TM but they do not have automatic rights on the domain as it predates their TM registration. The domain is not at stake here.</p><p></p><p></p><p><a href="http://www.uspto.gov/trademarks/process/appeal/guidelines/ttabfaq.jsp#piq1" target="_blank">http://www.uspto.gov/trademarks/process/appeal/guidelines/ttabfaq.jsp#piq1</a></p><p></p><p><a href="http://www.houstoninternetlaw.com/trademark/trademark-opposition.html" target="_blank">http://www.houstoninternetlaw.com/trademark/trademark-opposition.html</a></p><p>In my view no TM rights accrue from a mere parked page even if the name is distinctive, because the domain is not developed, not even branded around a 'trademarkable' concept, it's not like building a brand through bona fide commercial use.</p><p>So how exactly is the newly filed TM hurting you ? Yes, you will have to be more careful with the domain from now on. That's the price for sitting on a domain and doing nothing with it.</p><p></p><p>I would love to see a lawyer chime in.</p></blockquote><p></p>
[QUOTE="katherine, post: 2118669, member: 63835"] That's not the point, the company can still file the TM but they do not have automatic rights on the domain as it predates their TM registration. The domain is not at stake here. [url]http://www.uspto.gov/trademarks/process/appeal/guidelines/ttabfaq.jsp#piq1[/url] [url]http://www.houstoninternetlaw.com/trademark/trademark-opposition.html[/url] In my view no TM rights accrue from a mere parked page even if the name is distinctive, because the domain is not developed, not even branded around a 'trademarkable' concept, it's not like building a brand through bona fide commercial use. So how exactly is the newly filed TM hurting you ? Yes, you will have to be more careful with the domain from now on. That's the price for sitting on a domain and doing nothing with it. I would love to see a lawyer chime in. [/QUOTE]
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Classic TM quandary-Company has just filed for TM on my 5 year old domain-What to do?
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