Home – New Forums Other discussions Domain name vs. Business name Reply To: Domain name vs. Business name

  • Total posts: 14
JacquiPryor, post: 87310 wrote:
Hi Dovelle- I just wanted to clarify your comment above that you can restrict all registrations that use your name – you can restrict others using a domain name if you have trademarked the name assuming a few ‘criteria’ is met:

a) That they are in the same country as where you have registered your trademark;

b) that they are in fact using the name “as a trademark” (e.g. as a promotional name for their business) – merely holding a domain name does not necessarily always count as ‘use as a trademark’, which can make it difficult to force them to give up the domain name;

c) That they are promoting similar/related goods/services to those your trademark covers.

d) That they don’t actually have prior use rights to you

(The above is intended for information purposes only and is not legal advice. Whether a domain name infringes a registered trademark varies from situation to situation).


It does depend on the classes that are listed, and whether you have an international trademark. If this is the case then anything that is misused without the trademark owner’s permission is illegal. Again, trademarks are put on creativity like a patent this protects your unique ideas/products/words etc from being ripped off.

I think I understand what you are saying. There are a number of variables. Owning a domain name does mean that any later applications to trademark that name by someone else, they work on dates (first in best dressed) was what IP Australia told me. Which is why trademarks, patents etc all take a while especially if they are searching the world database to find anything already in motion.

That’s from what I was told by IP Australia