Trademarks

Australian Adult · #1 06-01-11, 05:43 AM

I have noticed that there are trademarks pending / being examined for names that i have the domains for.

ie vegemite trademark and i own vegemite.com.au ( a really lame example but to get my point accross )

If i have owned the domain longer than the trademark process does the other party have any right to my domain once the trademark is approved ??

DavidL · #2 06-01-11, 10:21 AM

Please don't worry about trademarks. They are almost irrelevant when it comes to domains in .AU.

From http://www.auda.org.au/policies/auda-2008-05/

Quote:

2.3 There is no hierarchy of rights in the DNS. For example, a registered trade mark does not confer any better entitlement to a domain name than a registered business name. Domain name licences are allocated on a ‘first come, first served’ basis. Provided the relevant eligibility rules are satisfied, the first registrant to apply for a particular domain name will be permitted to license it.

It's more about whether you are trading off a company's brand (TM or not) and/or have registered or used the name in bad faith.

Australian Adult · #3 06-01-11, 10:26 AM

Excellant !!
Thank you for the advice david..

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