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Trademarks

Australian Adult

Regular Member
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

Top Contributor
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/

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.
 

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