Bid to trademark ‘property.com.au’

[FirstPageResults]

Earlier this week, the Real Estate Institute of Australia (REIA) slammed a move by REA Group to trademark “realestate.com.au”, arguing the move could jeopardise the use of the term “real estate” by other businesses and professional groups.

The lobby group is equally upset about the REA Group’s bid to re-register the trademark “property.com.au”, the website of which is connected to REA Group’s realestate.com.au.

David Airey, president of the REIA’s Western Australian branch, told SmartCompany if the trademark application is granted, it could jeopardise the use of the term “property” by other members of the industry.

“The term ‘property.com.au’ is simply too generic and descriptive of the entire profession,” says Airey.

...


“The REA Group has previously tried to prohibit others from using the words ‘real estate’ in their domain names and their aggressive business model is unwelcome and unhelpful in a free market.”

Via Smart Company

 

[snoopy]

Definitely shouldn't be allowed the registering of marks like this. If they choose to try and make a brand out of a generic then they should also accept the fact that they have no legal protection over it.

 

[333]

Hate to be the one to disagree with snoopy again..but, I'd think it would be perfectly reasonable to trademark a "generic".

Most especially if you have built up significant goodwill in the brand and in the relevant sector and class where your mark will be used.

Also remember that anyone can lodge an objection to a TM app..so if the REIA or anyone else is really concerned about this, they have the opportunity to file one for just $250.

http://www.ipaustralia.gov.au/get-the-right-ip/trade-marks/time-and-costs/fees/

 

[James]

will advise some clients we have with "Property"+.com.au in the domain some with only 2+3 characters plus the term.

It is kind of like how CarSales.com.au tried to take the .com at WIPO

http://www.wipo.int/amc/en/domains/decisions/html/2004/d2004-0047.html

 

[findtim]

ouch, but i see they now own the .com !

tim

 

[FirstPageResults]

Here is an update:

Nine groups have lodged objections with IP Australia to REA Group's application to trademark the name 'realestate.com.au'.

The time frame to lodge objections has passed.

The Real Estate Institute of Australia spoke out against the trademark application, saying that the term ‘real estate’ is widely used by other industry groups and businesses.

REIA CEO Amanda Lynch said that everyone should be able to accurately identify the types of goods and services that they sell and that ‘real estate’ is a generic term of common useage.

“To allow a single company to claim trademark rights to a generic term would impoverish the language and unfairly hamper competition,” said Lynch.

She noted that one of the objections was from ABC Real Estate and said it’s clear why they’ve lodged a formal objection.

“Their situation is not a unique one and if this trademark is approved then it could harm or negatively impact on other businesses,” she said.

"It is a totally unnecessary move by REA Group that not only does nothing to instil sector confidence in the REA Group but also results in businesses having to waste time on lodgement fees with IP Australia as well as lawyers.”

via SmartCompany

 

[James]

Interesting article is that REA group are major players in Online Marketing spend - http://which-50.com/blog/2014/septe...ket-consolidation-will-increase/#.VAWFy_m1b50

 

[CyberClick]

It's laughable they would seek to trademark a generic term. They obviously have too much money!

 

[nt81]

Out of curiosity, why is a domain considered a generic term.

It isn't like they are trying to trademark the words Real Estate. They want realestate.com.au

No different than if you wanted to trademark dubbodentist.com.au

 

[Shane]

Out of curiosity, why is a domain considered a generic term.

It isn't like they are trying to trademark the words Real Estate. They want realestate.com.au

No different than if you wanted to trademark dubbodentist.com.au

They don't consider the domain extension to be part of the trademark. That's what I was told when I lodged an application for one of my generics.

 

[nt81]

I guess it is open to abuse.

e.g I register food.com.au as a trademark and domain, and then let it lapse, technically nobody would be allowed to register it again until my trademark expires.

That said, how the hell isn't there some kind of provision for that in the law already?

 

[Philip Littlewood]

I guess it is open to abuse.

e.g I register food.com.au as a trademark and domain, and then let it lapse, technically nobody would be allowed to register it again until my trademark expires.

That said, how the hell isn't there some kind of provision for that in the law already?

Food - Provision?
Was that a Thursday Funny?

 

[CyberClick]

how the hell isn't there some kind of provision for that in the law already?

I believe there is. My understanding was that their initial trademarks got through as they were tied to their logo. Having said that, a picture of a house really isn't very distinctive given the market.

Money isn't a concern, so I guess they're trying their luck.

 

[eBranding.com.au]

I believe there is. My understanding was that their initial trademarks got through as they were tied to their logo. Having said that, a picture of a house really isn't very distinctive given the market.

Money isn't a concern, so I guess they're trying their luck.

Yes the existing registration is 'composite'. Registering a word is quite a different matter.

As already mentioned, the domain extension is disregarded when considering the application, it's the same for business registrations, particular elements like 'the', domain extensions and others will be disregarded in considering potential conflicts with existing registrations etc