In 1997, the name was checked as open for the category. A patent was filed at the same time. Patents have been received, and do appear on the google engine, but only after our domain name appears well down the list. When we registered our domain name in 2000, there was no other use of the name. Our site and name always have the tm symbol. Google seems to ignore the tm symbol and does not show the site in a favorable position. The top position goes to a foreign company in asia that gets multiple positioning from Google. Language use by the foreign firm is in asian characters and have no idea what they do or sell. Why do we get pinched out when we were the first users of a trademark name?
Trademarks are reserved country by country. Unless you also registere the trademark in the country where this other site is based, you have no legal recourse to stop them.
But why should Google favor trademarks in the first place? If I am searching for "Amazon," who is Google to say I am interested in an online store and not a race of mythological women or a South American river basin?
Google operates from this country, not a foreign country. A trademark name here is covered by trademark law, and further, the symbol attached to the site is a global symbol. The fact that the user and domain registry in the foreign country elect not to respect the trademark symbol does not forgive google from disregarding the mark. The term is not a normal usage word, like amazon, but specific to a product, eg. cocacola, and was in use prior to the asian usurper's registration. Google can not claim that the trademark symbol is unknown to them because it appears prominently on the site and has always appeared for the last four years.
Could be as simple as trying to keep the links clean; register marks and trademarks, it seems to me, would just clutter up the page. Try googling "coca cola" or "disney". No trademark symbols overall, though I did see one registered mark on the Disney results.
The top position goes to a foreign company in asia that gets multiple positioning from Google. Language use by the foreign firm is in asian characters and have no idea what they do or sell.
Google is also quite popular in Asia. If that foreign firm has the mark registered in their home country, wouldn't they have just as much (or as little) right to complain that you've registered it in the US?
fact that the user and domain registry in the foreign country elect not to respect the trademark symbol
Do you have any evidence that this foreign entity does not have the trademark registered in their own country?