It could well do. Depends on whether you infringe on the TM though.
If it's an exact match of the TM, you probably are - people may well think you're the TM holder as soon as they see the domain (that's what lawyers would claim anyway)
Eg if 'Toyota' was the TM
Toyota.com.au you'd be stuffed
UsedToyotasForSale.com.au you'd be OK
Not sure but I think once the trademark is accepted the actual registration date is backdated to the original date of application. So if you reg the domain now their TM would take precedence.
Yep, the trademark will be dated as per the application date. I have a trademark of my own which is about a month into the pending status.
From the IP Australia website:
"Remember that, if granted, rights from registration of a trade mark accrue from the date of filing."
On another note, I can't believe anyone would apply for a trademark without first spending $20 on the domain. Seems crazy...
In general I'd recommend staying away from domains with any TM term in them.Eg if 'Toyota' was the TM
Toyota.com.au you'd be stuffed
UsedToyotasForSale.com.au you'd be OK
In general I'd recommend staying away from domains with any TM term in them.
From a conversation I had with an IP lawyer about the potential of buying a number of UsedBrandProduct.com.au style domains - he said it's grey area and there's definitely grounds for the Brand to take action even though the name doesn't mislead people to believe you sell New Brand Product.
That doesn't make it legal. It just makes brand managers lazy.I'm not sure a single domainer has actually been sued. And that includes some brazen blatant cases.
I would advise against being opportunistic and getting involved in registering domain names which are likely to result in trademark infringements. This type of behaviour is bad for the domaining industry. I have acted for a number of people who have found themselves involved in Federal Court litigation they didn't want, which ends up costing thousands of dollars, more than they ever earned out of the domains!
Trademark law is complicated. There are plenty of good domains out there which you can make money from, in an ethical and legal way, most of the guys (and girls) on the forum do that every day!