What if a TM is filed (and use is) after I regged name?

[domain_investor]

I've got a name for sale that I bought last year, and prior to that it was parked by someone else. I noticed that someone just filed a trademark for the same name a few weeks ago. I checked with the company site of the trademark applicant and there is no reference to the wording anywhere, so they have not begun commerce with it yet as far as I can tell--not even announced anything. Google shows nothing commercial on the name.

Given this, I'm in good shape since I regged it way before the name was in use or trademarked, correct?

 

[typeins]

I have had several similair things happen, people trying to take names i reged way before they filed a trademark. Even had people register trademarks on names they leased off me.

Your name will more than likely holdup.. Havent lost one yet

 

[domain_investor]

Yes, typeins, sounds like a great scam! Have you ever had to go to court with these? Or face an ICANN hearing?

And yes, it doesn't seem legally possible to take a name away from someone who regged it PRIOR to a trademark or even commerical use by another party.

But then again, some of the court cases one I see today--geez!

 

[typeins]

WIPO, all the regs held up.

 

[domain_investor]

Could you explain what WIPO does? Is that an optional arbitration org, or a mandated one?

Also, I looked at the trademark and it was filed as a "1B: Intent to use as of the filing date" and the filing date was just a few weeks ago.

So, no way that trumps my buying the name when it was available last year