Quote:
Originally Posted by accelerator  If it's a .co.uk Nominet will consider whether you registered the domain in bad faith and have tried to exploit the intellectual property of someone else to make a profit.
If you can build a case for it being a generic term then your chances of keeping it are better.
Trademarks at Examined status have not been granted yet and therefore in effect they don't have the trademark (I'm guessing this is UK trademark). Trademarks have to be published in the trademarks journal and this gives the chance for people to object before the trademark is actually granted.
If you haven't used the domain for anything then don't use it for anything until this is resolved as using it could weaken your case. |
Sorry to sound like a lawyer, but "bad faith" is dot com - dot uk is "abusive registration". It may sound trivial, but it is quite deliberately a different standard.
If the TM is only "examined" then it is not yet registered and as yet they have not rights in respect of a registered mark. That does not mean they have no rights - but they would have to show common law rights based on use, etc.