3 ms·

If you haven't registered the trademark, does holding the domain have any legal merit?

• bryans 5y ago
  "In the United States, it is not registration, but actual use of a designation as a mark that creates rights and priority over others. Thus, the rule is that ownership of a mark goes to the first-to-use, not the first-to-file." https://www.legalteamusa.net/trademark-law-first-to-use-v-first-to-file/ https://www.legalteamusa.net/trademark-law-first-to-use-v-fi...
• pclmulqdq 5y ago
  If he's doing business under that domain name, he is using it as an unregistered trademark and still gets some protection from that. In some cases, including when someone new starts a similar business with the same name, it can have the same force as a registered trademark.
• natch 5y ago
  You don’t need to have registered. You get trademark ownership automatically without any registration if you are the first to use a distinctive mark in interstate commerce. Having registered can help assert your claim though. IANAL.
• masklinn 5y ago
  > does holding the domain have any legal merit? There... is no relation between the two?