You should be okay, generally, as long as you registered the domain unrelated to their product, they didn't have an existing history of using the name and your use of the domain doesn't exploit their TM. Focus on use: don't park it, and develop it in a way unrelated to their product. You can sell it, but be careful about your approach: let them come to you. Cheers..
Hey rocketfly, thanks for your reply. I may just keep it then and wait for the company to approach me.
When you say are you referring to the company who has the trademark or anyone in general?..
When you're dealing with a TMed name, especially don't approach the owner of the TM...you probably are best off not going for an unsoliciting sale at all, however...further, on any sale, make sure you can an iron-clad contract protecting you...
Can you post a copy of the registration's details? Minus the name and serial.
Well, one thing thats not mentioned is "use in commerce: date". If that date is prior to your registration date, you might have to do more research, imo.
Thought this was what Dave was going for, but I'm not sure...
In any event, kudos to you for having the name before they registered their TM, but as has been discussed time and time before, the lack of a registered TM does not give you carte blanch to use any name however you would like..
That being said, without knowing the names and details, we can all only give very general information.
To answer another of your questions... Once you sell the domain, the new owner will not be protected by the original registration date. However, depending on what they use the domain for, they could easily have a legitimate right to it as long as it doesn't violate the TM...
If from those details you some home find out the name please don't mention it on the forum. I don't think it's likely but you never know! I'm in unchartered territory here.
Word Mark *******.
Goods and Services **********.
Standard Characters Claimed.
Mark Drawing Code (4) STANDARD CHARACTER MARK.
Design Search Code.
Serial Number *************.
Filing Date November 28, 2005.
Current Filing Basis 1B;44D.
Original Filing Basis 1B;44D.
Owner (APPLICANT) **********.
Attorney of Record *************.
Priority Date September 28, 2005.
Type of Mark TRADEMARK.
Live/Dead Indicator LIVE.
I don't have a 'use in commerce: date' tag.... What do you think it's best for then? Perhaps just to pull in traffic? but even if I use it to pull in traffic and redirect them somewhere else what if I have PPC, which of course is not related to their product, on my site, does that infringe on their trademark? In theory, I am generating revenue...
The first used in commerce date is usually on the line of catagories are listed. You will also have to find out what is meatn by "priority date". It shows as Spet 25. Filing is not a important and first used in commerce. The best way to research is google the name and see what the results are. If thee is a company, chances are there is be a bio/history/about us link whee you can see how long they have been around.
Now the question is, did you register the name cause it just popped in you head and you decided to register it, or did you hear something, you saw the domain was available and registered it? (as an example, the great "Zune squatting of aught 6" where everyone thought it was open season to register 64353526 or so zune names thinking it was ok)...