UK business and trademark issue usa domain

[Nat172]

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.

issue i have stumbled upon...

the domain ( xyz).com is registered in the usa and has been since mid 2015. its the exact name as ours and the xyz is what i was looking to trademark

the 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).
there is no trace of them being a registered company 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 registering their name?

thank you and i await any advice.

Nat

 

[thelegalstop]

Are you intending to trade in their area of business or are your geographical distribution and business areas going to be completely separate? Is your business likely to infringe on their rights or make use of their currently established reputation?

 

[Nat172]

We’re in different countries but online we will both be operating.

They are not registered as a entity / or pay tax so I wasn’t sure if they lose common law rights. I am also half way through trademarking and will be then tradmarking it in the USA once / if it goes through.

 

[Nick Dewdney]

You'll struggle without a trademark that is valid in the USA.

It may not be much of an issue, as people know that the world is a big place etc.

 

[Nat172]

My trademark is going thru in the uk now (I’m in the 8 week notice stage) then I plan on registering it in the USA. With priority, I have checked with the Usa and no such mark exists or even a business name so im ok to go ahead.

 

[billmccallum1957]

There is an active US company with XYZ in the name.

There is a UK trademark https://trademarks.ipo.gov.uk/ipo-tmcase/page/Results/4/EU006829345

 

[Nat172]

Erm my reference to xyz in this post was a figure of speech to avoid using the actually company details

 

[billmccallum1957]

Erm my reference to xyz in this post was a figure of speech to avoid using the actually company details

That might have been useful in your first post.