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Re: Does Domain Registration Constitute Commercial Use?

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Posted by M. Arthur Auslander on September 10, 2003 at 15:54:03:

In Reply to: Does Domain Registration Constitute Commercial Use? posted by Kevin on September 10, 2003 at 13:52:06:

: I recently registered a www domain. The following day someone filed for a federal TM for the same name. I have since filed for the trademark as well (actually I did this before I learned of the other individual's application). So, does my successful registration of the www domain offer me any protection or priority for the trademark?

Dear Kevin,

I've not researched the problem, but I am under the impression that it would be hard to challenge your domain name. Without taking any professional responsibility, I believe that unless you have prior use, the first to file the trademark application will prevail.

M. Arthur Auslander
Auslander & Thomas-Intellectual Property Law Since 1909
3008 Johnson Ave., New York, NY 10463
7185430266, aus@auslander.com
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: : I recently registered a www domain. The following day someone filed for a federal TM for the same name. I have since filed for the trademark as well (actually I did this before I learned of the other individual's application). So, does my successful registration of the www domain offer me any protection or priority for the trademark? : Dear Kevin, : I've not researched the problem, but I am under the impression that it would be hard to challenge your domain name. Without taking any professional responsibility, I believe that unless you have prior use, the first to file the trademark application will prevail. : M. Arthur Auslander : Auslander & Thomas-Intellectual Property Law Since 1909 : 3008 Johnson Ave., New York, NY 10463 : 7185430266, aus@auslander.com : ELAINE's Workshop® : E arly L egal A dvice I s N ot E xpensive™ : Reality Check®

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Re: Does Domain Registration Constitute Commercial Use?

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