Q: Trademark registration in AZ
I own a two-word domain name as an example, "GuideExample.com," I purchased this domain many years ago due to the name "GuideExample" it was first used by the previous company in 2002 to sell digital products and services till May 2008.
When using basic word mark search "GuideExample" on the TESS database, it says "No TESS records, etc..." so I'm assuming its available for trademark name registration.
So now I'm looking for an attorney to register a trademark with the following question;
Checking historical data on Archive.org, on July 23, 2002, it shows a snapshot of the website selling digital products and services with the example logo "GuideExample" and footer text "GuideExample, Inc."
Based on Archive.org, can you use July 23, 2002, for "DATES OF FIRST USE" and use Archive.org as proof when you (as an attorney) registering a trademark for me under goods and services?
Thank you!
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A: When you say "first used by the previous company" did you purchase the business and the goodwill that went along with it? If not, the use date is based on your first use of the mark in commerce. You can't stack your use on the use of someone else if they are not a predecessor in interest in some way. Also, just because TESS says "no records" doesn't mean the mark is not being used as a trademark by someone else. I would suggest enlisting the help of a trademark attorney to do a comprehensive search for you so that you can build a brand you can protect.
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