Trademark and domain

[dp2005]

Suppose I registered a domain and after few days someone trademarks one part of the domain name. So can that person, in any case, claim trademark violation or something for the domain name.

Please respond taking into consideration the following two scenarios
1. Domain was registered before the other person trademark some part or whole of the domain name.
2. Domain was registered after the trademark

Please assume the domain name as 1XXX.com and the trademark was done for the part of the name say XXX.com.

Thanking you in advance.

I am really sorry to say but THIS FORUM is really USELESS for me. Posted 2 questions in past one week but to my SURPRISE no reply at all.

Thanks everybody for making me realize early.

Saeonara.

 

[DNQuest.com]

One, you cannot one day just attain a trademark, it is earned through usage.
two, are you saying they someone "filed" a TM after you registered the domain? It odes not matter when the a person registers a TM as long as they can proved when the TM was first used. I have a feeling that is what is happeneing here. (IE- comapany a used "123abc" for 5 years in business, then decides to formally TM the name (registers). his TM would be when he first started using the TM, not the time of registration.

 

[jberryhill]

Posted 2 questions in past one week but to my SURPRISE no reply at all.

The question as stated is not capable of a useful response.

Your use of "trademark" as a verb could mean almost anything.

Once in a while, I'll try to tease out what someone might mean when they ask an entirely ambiguous question, but it gets repetitive.

The question, as stated, is whether anyone can "claim" trademark infringement. I suppose that is the easy question to tackle, since anyone can claim anything. But it's probably not what you are driving at here.

The unstated assumption appears to be that there is some sort of mechanical rule for determining a binary output on the basis of a set of dates pertaining to an alleged trademark and a domain name. That assumption is wrong, and mostly for reasons that have been discussed in numerous threads in this forum for quite a while before your recent arrival.

If the "usefulness" of the forum is based on your ability to get yes/no answers to what are actually somewhat detailed situations that are not always capable of yes/no answers, then I agree the forum is useless. But you are not going to get a "useful" answer to your question in any event, because your question does not have a "useful" answer.

 

[Anthony Ng]

I am really sorry to say but THIS FORUM is really USELESS for me. Posted 2 questions in past one week but to my SURPRISE no reply at all.

Thanks everybody for making me realize early.

Saeonara.

42 minutes and you gave up? Yes, there are busier forums out there (1 of the forums I also frequent has like 25 new posts every 5 minutes or so), but you are definitely in the right place, with jberryhill answering your question.

As for your other 2 threads in the Appraisal section, I guess people here are just being nice, if you know what I mean.