Quote:
Originally Posted by marketsmart
no, thats not true..
if you dont register the mark, you can limit yourself in the future..
i have the registered mark..
the issue is they showed commercial intent first with their model, but failed to trademark their name..
and its obvious that that originally searched for the domain i own, but just reversed it after they saw the domain was unavailable...
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by not registering, you limit yourself but you're not fucked.
what the USPTO wants to see is who was doing business with the mark first. they say whoever was making a commercial product first that beared the mark first would be the "true" owner of the trademark.
but i don't know if starting an ecommerce site qualifies as a 'commercial product'. if it does then they'd be the owner.
but if you were manufacturing with the mark (not prototypes) before they registered the domain then its a slam dunk