Will TM application protect me in UDRP

[domaingenius]

I have an idea that someone might try a UDRP, unfairly of course. I have spent
£200 sterling to apply for a Trademark in UK . Will that application protect me
even if the TM is not yet issued ?. No UDRP has yet been issued and may not be
but I strongly suspect it will.

DG

 

[Theo]

On what basis will the UDRP be filed? It'd have to claim a tm violation, in which case the other tm, being older, would have potentially the upper hand.

 

[fab]

I highly doubt anyone could answer your question with the little amout of information you've provided. If it's impotant enough, hire a lawyer.

 

[domaingenius]

On what basis will the UDRP be filed? It'd have to claim a tm violation, in which case the other tm, being older, would have potentially the upper hand.

The "other party" have only just applied for a trademark ,not granted, some
weeks ago in totally different field.

DG

All I know is they , law firm, wrote to me saying "we know your game" hand over domain
and I said no. They are persisting saying they will file UDRP.

DG

 

[Brett Lewis]

It really depends on the facts, as they are perceived by a Panel. What is the domain name? What is the trademark? (don't answer those here) Did the other party have common law trademark rights at the time that you registered? Can you show, above and beyond your trademark application, that you have a bona fide, legitimate use for the domain? Is the domain name a dictionary word? (Actually, don't answer any of these on a public forum).

Many other factors can also influence a UDRP Panel's determination. A trademark application may help, depending on the circumstances, and if the other mark isn't famous, and you can show that the registration is part of a bigger plan to use the domain name.