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Old 31-01-2006, 06:51:08 PM     #1 (permalink)
shaunjock
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Join Date: Apr 2005
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Domain regged first then trademark applied for - anyone any similar experience

I regged a domain xxxxxxxx.co.uk in June 2005. A two word generic which I basically like the look of a future development project.

Since then a company has applied for a trademark with the same name as the domain but also more importantly the categories which it has listed under are along the the same line of business which I was going to use the domain for. This trademark was applied for in November 2005 and is still under evaluation.

Given that I have not started developing the domain yet I have not got a legitimate claim for a trademark appeal. Would I be risking a DRS if I started to use it in the same line as the trademark applicant.

Also someone formed a limited company in November with a very similiar name to the domain - but they are not the same organisation as the one which applied for the trademark.

I had no connection to any of the companies involved or any insider knowledge when I regged the domain (it just sounded good) and from I have not been approached about the domain but want to understand if anyone else has seen a similar situation and if there were any precendents set.

I do not want to list the actual domain on here for legal reasons.

Any advice would be much appreciated.

Shaun
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