"To get and defend a trademark you need to actually use the mark in commerce" Actually there is 1b "intent to use" as well as supplemental register and state t

"To get and defend a trademark you need to actually use the mark in commerce" Actually there is 1b "intent to use" as well as supplemental register and state trademark registration. In varying degrees any of the above (combined with the right specific non-infringing circumstances) can be used to win a UDRP action. As only one example even having just applied for a trademark before being approached by a trademark owner is enough to give you a leg to stand on with many panelists. At that point, if the application is 1b, you don't even have usage. Although you might because maybe you just didn't have your backup materials and decided to put the application in and change at a later date. Now of course all of the above depends on 1) the domain name 2) the other party 3) how famous the mark is among other things.