Quote:
Originally Posted by FlexxAeon
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
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i did provide samples showing commercial intent when applying for the trademark, but the other company showed commercial intent by setting up an etail site before i started the tm process...
like you, i i also dont know if an etail site shows the same commercial intent as actually manufacturing a product..
i am hoping for some answers based on experience before i go waste thousands of dollars on an attorney who will just end up telling me the same thing..
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