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TexLaw, Attorney
Category: Business Law
Satisfied Customers: 4430
Experience:  Internationational Commercial Attorney
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i have an LLC and plan on selling protein powders and supplements

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i have an LLC and plan on selling protein powders and supplements with the label name of xxx. the company name is ***** ***** plan on trademarking the name asap. however someone has bought the domain name can he prevent me or sue me for using xxx as a product name after i have it trademarked. And furthermore can i even trademark it if he has the domain name. thank you

Thanks for your question.
The fact that someone else owns of the domain name does not prevent you from using the name or attempting to seek a trademark registration for it.
However, you are in a "race" type situation. Trademarks are achieved through showing commercial use of the mark. Someone using it as a domain name supports their claim for trademark, so you need to make sure and register and achieve the trademark before they do.
Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating does not cause an additional charge and will not prevent us from further discussing your questions.
Best Regards,
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