hi im new here and im in need of any advice regarding my issue to help me proceed further.
In 2017 i set up a domain and built a website ( xyz.co.uk) its been active since.
i am a ltd company ( set up 2018) and im currently looking to trademark our mark.
The issue i have stumbled upon...
Is the domain ( xyz).com is registered and has been since mid 2015. its the exact name as ours and the xyz is what i was looking to trademark
the other issue i am facing so far..
the xyz.com site is in use and similar to ours in terms of service offered. they claim to be two entities one being a LLC d.b.a xyz. ( so they claim to be a LLC and doing business as the name we also use).
However there is no trace of them being a registered company or any sign of them at all as they claim or even any trademark registration, their privacy page states Michigan for jurisdiction etc yet no details of either of their entities in any usa search.
Im aware if i get accepted for our trademark then in terms of xyz.com i understand they registered it before us but where do we stand if at all if we get the trademark.
does common law still apply if they are not a legit business paying taxes or even a legit registered business?
Thank you
In 2017 i set up a domain and built a website ( xyz.co.uk) its been active since.
i am a ltd company ( set up 2018) and im currently looking to trademark our mark.
The issue i have stumbled upon...
Is the domain ( xyz).com is registered and has been since mid 2015. its the exact name as ours and the xyz is what i was looking to trademark
the other issue i am facing so far..
the xyz.com site is in use and similar to ours in terms of service offered. they claim to be two entities one being a LLC d.b.a xyz. ( so they claim to be a LLC and doing business as the name we also use).
However there is no trace of them being a registered company or any sign of them at all as they claim or even any trademark registration, their privacy page states Michigan for jurisdiction etc yet no details of either of their entities in any usa search.
Im aware if i get accepted for our trademark then in terms of xyz.com i understand they registered it before us but where do we stand if at all if we get the trademark.
does common law still apply if they are not a legit business paying taxes or even a legit registered business?
Thank you