Let's say I have filed for (though it's not registered yet) a trademark of my company's name. Say for example, I'm filing to trademark the name Horseyyums. I chose this fictional name as an axample because I think it's clear what the product is and the name of my business does the same. Now say, Idiot that I am, I didn't check to make sure no one had that domain name and someone has purchased a domain name using Horseyyums. They aren't using it, but must plan to because they renewed it earlier than necessary. They have NOT filed for a trademark however. I have alot of materials with my company name on them and would like to keep the name, but fear that people will automatically use that domain name when trying to reach me and of course, it will get to someone else. Can they legally use the domain name if I get Horseyyums registered (or even at the filing stage) or would this be an infringement?
I wouldn't mind using a different, less common domain as long as I knew I could yell "infringement" if the other party actually set up a website with the name Horseyyums.anything).
I wouldn't mind using a different, less common domain as long as I knew I could yell "infringement" if the other party actually set up a website with the name Horseyyums.anything).