I currently have been running a website for close to a year and have decided it is time to file a trademark as it continues to grow. Lets call it "Website Social"
Upon doing a search i have found a trademark has been filed in the same city as me and one that is in the exact same industry as mine. It is called "The Website Network" (website has been changed other words are the same)
It turns out this trademark was filed 2 weeks before i purchased my domain name of "website social". It is currently in the "Advertised" potion of the Canadian Trademark process and is filed as "Proposed Use in CANADA".
I believe they currently are already operating a website even though it is filed as proposed use. My site is quite popular and has been in use for the full year, set up under a corporation in Canada.
My questions are, i know i can appeal the name for $750 but im not sure if i have any leg to stand on. Are the names different enough? How does the "confusing trademark" work? What are my other options at this point? Filing in the US instead?
Upon doing a search i have found a trademark has been filed in the same city as me and one that is in the exact same industry as mine. It is called "The Website Network" (website has been changed other words are the same)
It turns out this trademark was filed 2 weeks before i purchased my domain name of "website social". It is currently in the "Advertised" potion of the Canadian Trademark process and is filed as "Proposed Use in CANADA".
I believe they currently are already operating a website even though it is filed as proposed use. My site is quite popular and has been in use for the full year, set up under a corporation in Canada.
My questions are, i know i can appeal the name for $750 but im not sure if i have any leg to stand on. Are the names different enough? How does the "confusing trademark" work? What are my other options at this point? Filing in the US instead?