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[Martyn]

Domain before Trademark.

If you owned a domain name before you owned the Trademark and then registered the Trademark and called your business the same as the domain name after a year. But at the same time a partner registered a trademark with the same words at the same time you registered your Trademark(ie The Domain), but you registered the Trademark the same as the domain name (ie thedomainspain) as one word with out the spaces,  who would have control over the name legally.

[JSonnabend]

Your hypothetical does not reflect real world facts, as the trademark office will not issue registrations to both parties (absent an error, which would render one of the registrations void when challenged).

The bottom line is: the first to use has superior rights, but the first to get to the Trademark Office will get the initial registration (subject to loss during opposition and/or cancellation).

- Jeff

[Martyn]

Well this is true in this case a business name (ie. The Tradmark Company) Trademarked Registered business name. Then we have a domain name (ie.thetrademarkcompany)Trademarked registered business name. Now the domain name has been registered 1 year before the Trademark registration, but both Trademark names were registered 1 year after the domain was registered and the two Trademark registrations were registered in the same week or a few days in between. Now what has happened is Trademark database has not picked up on the fact of the spelling of both company names. ie The Trademark Company versus thetrademarkcompany and now it is 16 months after the registered Trademark and 3 years after the domain name and both are quite successful and being used on a commercial level, so there is lot to be gained on both sides. The most important point is though would could a case rest on IP rights, say who did all the work in design and someone else copying that work. Its so difficult and confusing especially in Spain.
Thanks for any help

[JSonnabend]

If the marks are as close as you say they are, then one of the registrations is likely invalid and subject to cancellation.  You should talk directly to a tm attorney about this.

BTW, are we talking about US trademark registrations, i.e., at the USPTO, or are we talking about something else?  I've been assuming we're talking about US tm registrations.

- Jeff

[Martyn]

Spanish Trademark,   I thought it would be a good thing to Trademark. But in the mean time my old cohort registered the name 3 days before me. The thing is I did not relise untill I got a summonds to court of what had happend and then it all fell into place. Its been like a con and nightmare he has waited until I am a little successful and then bang!

[JSonnabend]

Encontre un abogado Espanol.  Somos abogados Americanos acqui.  No tenemos nada idea sobre la ley de Espana.