i have purchased example.com and want to trade mark it but found out there is a website example.co.uk but there is no official trade mark refused or registered or anything else regarding example.co.uk or its owner in any UK trademark database our products are exactly the same only mine is much better and more sophisticated its like comparing a yugo to a rolls royce so i dont think he can sue me for infringement his product is absolutely amateur and outdated he can in no way imply i copied anything from him. my question is: if he did not register a trademark can i go ahead and do it without worrying about eventual legal consequences later on? example.com is a generic name made up of 2 very common words
search www.uspto.gov trademark database as well as trademarks registered from other countries. the proper way to do it is get help from a lawyer. it costs go about $1000 per domain.
First usage establishes common law rights. They do not have to have a registered trademark to have rights to the name. Since your products are basically the same, you would likely be infringing upon their rights. If you went and filed for a trademark, the other party could contest your filing - and even get the trademark in their name. The uspto.gov site only shows regsitered marks, not common law marks. It really doesn't matter which site is better, trademarks are established/granted by classification. The best situation you could hope for is that the name is so generic in usage that no one can trademark it.