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JacquiPryor
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In an ideal world… I really would like the company name and get a trademark… in this instance would I be guaranteed the domain name if you have a trade mark.

Guaranteed? No.

Firstly, if it is a .com.au then yes, there must be some association to the business holder. If you don’t think the current holder meets the eligibility criteria you could contact and/or make a complaint through the auDA. If the holder is not eligible, and cannot fix that up to be eligible the domain may be removed from them. And, also read up on the auDA monetisation rules. You are not supposed to register a .com.au just to sell it. (Of course, they may have had legitimate need for it originally).

The process of having a .com.au transferred to you – even if you are the trademark holder can be difficult. You need to establish several factors, which are hard to do.

Check for existing trademarks. If you are the first to register it and also have the company name you can claim it which would be involved in sending them a letter stating your claim and possibly moving to court.

This is not actually correct. Being the first to register a trademark does not necessarily mean you can stop anyone/everyone else from using that name. There’s more to it than that. As just one example, if the other person can demonstrate use of the name before you first used it or registered it, then, there wouldn’t be much you could do in terms of trademark infringement; their prior use would be a defense.

My advice is don’t fall in love with a business name before checking domain, social and trademark availability.

Well said!
(When you register a business name, ASIC will actually prompt you to check trademark availability).