Legal Question in Technology Law in Oregon
If I owned domain name first can someone else trademark it?
I owned a domain name since july of 2004. Another company decided to use that name for one of their product lines and bought a variation of the name for domain in November of 2004.
They say it is trademarked but I could not find a trademark on the name. Could they even trademark it if I owned it first?
2 Answers from Attorneys
Re: If I owned domain name first can someone else trademark it?
I would need more info and do TM search to advise.
Did you utilize the name in the marketplace? (Did the domain name go live? Did you use it in commerce?)
Re: If I owned domain name first can someone else trademark it?
They could obtain a trademark even if you had registered the domain name. However, if you have priority of use, and depending where geographically, it would be possible to go after them - assuming the marks are confusingly similar.
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