It can't be helped that some people believe getting a trademark is some magic.
Amulet granting them absolute exclusive rights to a term.
If the domain name's registered way before the other party filed for a TM, you.
Have a chance. The person may still attempt to prove TM rights some other.
Way (i.e. common law), but that person must prove such first.
Your call, really, if you're willing to risk it...
So do you know if he is registering his TM is the US; can he go after me if I am in Canada?.
This is a product not a domain name.
Ah, now that's a different story. I'll let our "resident" attorney Dr. Berryhill give.
An answer to that one...
I think you need my help;.
There can be many conditions here:.
1. If you are using the product/name before that person you are saved.
2. However, if thats not the condition, then he may soon file an international filing of his trademark and then he may send a legal notice to you. You would be in trouble..
It's all about timeliness.
If you have been using the alleged disputed domain name before him - you may have legal rights to it.
Just because someone files a trademark doesn't necessarily mean it is theirs..
Anyone who claims the right of Trademark (TM) [or ServiceMark (SM)] may use the TM symbol if they believe it is theirs, withour having to register it with the U.S. Patent Office. whether it's an idea, business or intellectual property.
In fact, if you control your domain, you may use the TM symbol now - if you truly believe it is yours...