Friday, August 14, 2009

FAQ -6 Do I have trademark rights in my domain name


Answer: You may actually have trademark rights superior to those of your accuser. You may have such trademark rights because
(a) you have a registered trademark;
(b) you have a pending "intent to use" trademark application, of which the filing date predates the use of the mark by your accuser;
(c) you have a pending "use based" trademark application and your date of first use predates the first use of the mark by your accuser; or
(d) you have ?common law? rights to the trademark.

In the U.S., the person who establishes priority in a mark gains the ultimate right to use it. According to the Lanham Act, determining who owns a mark involves establishing who first used it to identify his/her goods. That means, in the United States, you do not need to register a mark to establish rights to it. However, registering a mark means that the registrant is presumed to be the owner of the mark for the goods and services specified in the application.


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