Help, do I need a TM Lawyer?

[stockshark]

Ok here's the situation:

I own a domain which is fairly generic/descriptive. There are serveral trademarks on this name in several classes, but only in specific subcategories that the domain represents. In other words, my domain is a general term and there are no general trademarks. Well until today. One fairly large and well known company had a trademark on a subcategory of the general term. Well today I discovered that they recently filed an additional trademark application for the general term itself, meaning it covers all subcategories.

Here's my problem. I've never received any C&D letters on this domain, and I think if I did I would have a pretty good case against the current trademarks because the domain is fairly descriptive/generic and my use of the domain does not infringe on the rights of the TM classes that already exist. However, this new trademark could be a problem. Not so much for me, but will that hurt the resale value of the domain if this general trademark is approved? What should I do? The reason I am worried about this is I think the domain is fairly valuable, and if this trademark makes the domain worthless to anyone other than this company that holds the general trademark, where does that leave me? I might have a right to use the domain since they filed the application after I acquired the domain, but if I sell it after that date would the new owner have the same right to use the name? :?:

As I said I may need to talk to a lawyer about this, and I am prepared to pay one for a consultation if necessary. My main goal is to protect my investment, which is the resale value of the domain, free of possible TM issues. If anyone has any advice or referral to a lawyer with experience in domain TM issues please let me know.

Thanks!

 

[AlienGG]

wait until you receive the C&D (if any).
Make sure the content is not related to the TM.

 

[-ET-]

I dont think the company can snatch the domain from you as you have the domain registered with you before they have registered the trademark.
but if you sell it after the trademark is registered to someorthers then company can sue for bad faith IMO.

 

[stockshark]

if you sell it after the trademark is registered to someorthers then company can sue for bad faith IMO.

This is my fear.... who would want to buy the domain if they fear they will be sued.

I think I need a lawyer. Maybe what I am going to have to do is file a trademark myself just to protect the value of the domain. I don't know honestly.