Another trademark concern

Discussion in 'Legal Issues' started by locals, Aug 14, 2009.

  1. #1
    so i own a domain . . . and some own else trademarks A KEYWORD in my domain . . . but THEIR TRADEMARK REGISTRATION DATE IS AFTER I had already set up my domain and website . . . do I have to give it to them ?
     
    locals, Aug 14, 2009 IP
  2. mjewel

    mjewel Prominent Member

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    #2
    Are the two sites usage similar?

    The date they first started using the mark for that usage is what is important, not the registration date. The application should show the claimed date of first usage.
     
    mjewel, Aug 14, 2009 IP
  3. locals

    locals Well-Known Member

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    #3
    hi here are the dates from the uspto

    Filing Date July 19, 2007
    Current Filing Basis 1A
    Original Filing Basis 1A
    Published for Opposition June 3, 2008

    Registration Date August 19, 2008


    which one would you be reffering to ? The filing date ?
     
    locals, Aug 14, 2009 IP
  4. mjewel

    mjewel Prominent Member

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    #4
    You need to look for the line that looks like this:

    Goods and Services FIRST USE: 20090610. FIRST USE IN COMMERCE: 20090610

    That is the date they are claiming first usage - and that is the date you can assume rights were established.
     
    mjewel, Aug 14, 2009 IP
  5. locals

    locals Well-Known Member

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    #5
    okay well for that it is 2000 then the month and date. . .

    let me ask you this. . .

    say someone trademarked Esomekeyword

    and I get compareEkeywords

    how can they capitalize on the E for electronics ?
     
    locals, Aug 14, 2009 IP
  6. mjewel

    mjewel Prominent Member

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    #6
    It really depends on the keyword, and you shouldn't post it, but the trademark office accepted it. They aren't claiming exclusive rights to the letter "e" but the combination of it with their keyword. Adding "compare" doesn't get around infringement. You would have to try and cancel their trademark at this point, and it's going to be very expensive to do that.
     
    mjewel, Aug 14, 2009 IP
  7. locals

    locals Well-Known Member

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    #7
    i see . . . well I APPRECIATE ALL YOUR TIME in clearing this up . . . Thanks !
     
    locals, Aug 14, 2009 IP