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5. Federal Trademark law generally provides that if someone is the first to use a trademark (or service mark) in "interstate commerce" (that congress regulates), (a "first use in commerce") they may register the trademark as their exclusive property.
* Use, not only registration, gives one the right to stop others from infringing,
* Registration secures the ownership. Registration puts it on the record that the "applicant" is the exclusive user. If later, a person registers his "domain name" with one of the domain name registers, he is using that name in interstate commerce. If the "first user" wishes to they could sue the conflicting domain name owner in federal court. This does not "mesh" well with the policies of service providers on the WWW who want free access to names to please their clients, however that is the state of the law. It is also one of the gray areas.
* Don't forget: a domain name is an address. See the article on Trademark Law Basics.
What year did you trademark the word to use for your business?Filed end of 2007 in the US. It took several months to complete.
Which country (or countries) did you trademark it in?
If the "first user" wishes to they could sue the conflicting domain name owner in federal court.I created my first site using another TLD in 2008.
[common word] was registered in 1995 by a popular domainer
[trademark] Filed end of 2007 in the US.
Attempts to secure rights of exclusive use to words in common usage, such as generic descriptors, usually fail - if not "in the first round" (at trademark office) then in the second (in court)Yes, my application got rejected the first time but I was able to secure the name the second round [without a lawyer] :)
You registered a common word as your business trademark a dozen years after someone else registered the word as the dot-com domainI agree, hence the reason why I haven't approached him. It wouldn't be fair, but I was still wondering about my options.
Frankly what you're trying to do is steal a very valuable name.As I mentioned the line above your comment:
your trademark is not worth jack eitherI disagree but don't find the need to explain why either.
I agree, hence the reason why I haven't approached him. It wouldn't be fair, but I was still wondering about my options