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Wilton A. Person
Wilton A. Person, Lawyer
Category: Intellectual Property Law
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In March 2012 I bought a domain name and made a twitter account.

Resolved Question:

In March 2012 I bought a domain name and made a twitter account. I recently went to trademark
my domain and twitter name. I found a trademark pending made in December of 2012.
Does that mean I have no rights for my domain name or twitter? I wanted to start
a t shirt line and other products with this name.
Thank You
Submitted: 1 year ago.
Category: Intellectual Property Law
Expert:  Wilton A. Person replied 1 year ago.
Thank you for your question. What type of service or product is the pending trademark related to?
Customer: replied 1 year ago.

They state bracelets bumpers stickers t shirts

Expert:  Wilton A. Person replied 1 year ago.
Thank you for your response. It is very likely that you would still have rights to your domain name and twitter account despite the pending trademark application because you purchased the domain name and twitter name without knowledge that any other party was using the name.

Further, you would be eligible to use the name for the products or services unrelated to the pending application.

Using the name for t-shirts could be more problematic unless you had already sold t-shirts under the name prior to the other company filing an intent to use or actual use trademark application.

You would probably be well served retaining the twitter account and domain name to sell different products or services or you may choose on sell the accounts to the other company for a premium price if you are not that attached to the name. It really depends on how much you are willing to defend the name in the event that a dispute arises between you and the other party.

Customer: replied 1 year ago.

Is it to late for me to file a trademark ? being that I had bought the domain name and twitter before the trademark was pending ? I did put my logo


on a couple t shirts and give them as gifts. would that not count because


I did not sell them?

Expert:  Wilton A. Person replied 1 year ago.
No, it is not too late if you file a trademark for goods or services unrelated to the pending application. To be considered trademark use, a person must offer the product or services through interstate commerce (in multiple US states) to a consumer for purchase so a few gifts to friends would probably not be considered as interstate commerce for trademark purposes.

You could also challenge the pending trademark application if you sold the products or services in your state prior to its use so you should check the application to see when it claimed that it began using the name.

You may wish to consult an intellectual property attorney for a full review of your case.

Wilton A. Person, Lawyer
Satisfied Customers: 4147
Experience: MBA, Experienced and Knowledgeable in Intellectual Property Law
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