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#14450
Fri 11 Feb 2005 10:13:PM
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Joined: Feb 2005
Posts: 12
Space Trainee
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Space Trainee
Joined: Feb 2005
Posts: 12 |
Why thanks to TV??<br /> [B][/B] ... You may not be able to stop another party from using your preferred domain<br />name even if it is identical to your trade mark if: ... <br /><br />Similarly, no one has an automatic right to a domain name. Just because you have a company or business name, or a registered trademark, does not automatically give you a better right than anyone else in the corresponding domain name. The domain name system is entirely separate from the trade mark registration system.<br /><br />An Internet Domain name, unlike a registered trade mark, does not give the owner any intellectual property rights.<br />Be aware that domain names allocation rules have changed so that you may now be eligible to obtain a domain name that matches your registered trade mark or registered trade mark application, even if it is not your registered business name (If this name has not already been allocated). <br /><br />If the domain name is merely registered but is not used in the course of trade then an infringement of the trade mark is unlikely to be sustained. Conversely, evidence of a domain name being actively used would be relevant in demonstrating prior use of the mark within Australia, and could be a case against trade mark registration.<br /><br />You may not be able to stop another party from using your preferred domain name even if it is identical to your trade mark if:<br /><br />they are not attempting to 'pass off' trading on your name. <br />IPAustralia's trade mark database at www.ipaustralia.gov.au/trademarks; <br />the www.ausregistry.com.au for .com.au, org.au, asn.au, and id.au and gov.au names; and <br />the www.aunic.net site for edu.au names. <br />Incel go for it.<br /><br /><br />From someone who's brother is solicitor.
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