TM question about a name

[oberheimer]

I will soon the the owner of a *.com it was regged 2001 a few years ago it was used for a clothing store now they closed down and let it expire so i will get it quite cheap. Now i saw that there is a new TM for the same term filed in march 2007 and that is by a different company. Can i still use the name for a fashion brand or?
The name was regged 2001 but expired but will still have 2001 as reg date. I guess it does'nt look good with their tm but im not an expert

 

[Bill Roy]

Is the new TM also for clothing or similar?

 

[oberheimer]

Yes the tm is also for clothing

 

[Bill Roy]

Oberheimer, sorry mate, I think you realise that you will have a fight on your hands.

The only way I think you could fight this is to claim prior TM, but that would need specialist advice.

 

[DNQuest.com]

You also need to take into account the claim of "first use" with the second TM registration. Do they have grounds for a common law TM? or at least prove they may have rights to a name. a TM does not have to be filed to have some TM proction.

Without knowing much more, I would think you might have an uphill battle.