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[George T]

Hi, I've just launched a website providing information in a very specific field and named "great siesta" (fictional).

The word "siesta" (fictional) is a registered trademark of another firm which also provides information via the internet but on a different subject (currently there is not likehoold of confusion). This firm was created some years ago and his site is not so popular. It's not very probable that this firms will expand the subjects covered by its site overlapping with my site, but in theory all is possible.

I would prefer not to register the name of my site but what happens if, let say in 2009, the other firm decide to file a new registration covering the subjects covered by my site? Can they force me to give up the name I already use on the web? Or my site is preferred (even without any formal registration) since it already uses the mark in that specific field?

Thanks
George T.

[JSonnabend]

You've answered your own question, by and large.  To the extent that there's no likelihood of confusion, you're essentially free to use the mark.  To the extent that the other party is reasonably likely to "expand" into your area of services, you may not be free to use the mark.

Beyond those not so helpful generalities, it's impossible to provide meaningful guidance based on hypotheticals.  I advise speaking directly to a qualified TM attorney if this is important to you.

- Jeff