How would this work?

[Ed30]

I have a domain which incorporates the name of another site (a separate entity).
I bought my domain in 2004. They apply for their trademark of their site name in 2005.
Could I still have potential problems even though I registered this domain before a TM was applied for?

 

[stuff]

I have a domain which incorporates the name of another site (a separate entity).
I bought my domain in 2004. They apply for their trademark of their site name in 2005.
Could I still have potential problems even though I registered this domain before a TM was applied for?

It all depends for what you use the domain

 

[DNQuest.com]

When did they claim the TM was first used? It isn't the filing date that is important, it is the first date of use. (unless you file intent to use, then it would be filing date).

 

[Ed30]

The TM was filed in 2005, but their name/site has been in use since c.2000.

 

[DNQuest.com]

The TM was filed in 2005, but their name/site has been in use since c.2000.

Then their rights are from 2000 as long as they can prove it. But it seems they can from your response.

 

[petrosc]

it does not matter if they have a TM or not, or if they registered one before the domain registration or after, they can still take the domain from you if you use it in "bad faith". You know what you have to be careful of in order to avoid disputes

 

[Dave Zan]

it does not matter if they have a TM or not

It doesn't matter if they don't have a trademark? :?:

 

[petrosc]

It doesn't matter if they don't have a trademark? :?:

forget I said that, I just realized I misread what the OP wrote and did not express myself correctly.

However, I stick to the rest of my post