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  • #990597
    BlackCoffeeComms
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    Hi all..looking for some advice. I want to register a business name for a side biz, but have encoutered an issue

    The biz name I want is available, but the url…bizname.com.au is not (but says the website is coming soon…)

    It seems to be owned by someone in Melbourne who has taken down all her social media pages and has another URL in her actually name that is also parked. (both registered through GoDaddy).

    Couple of questions…if I register the biz name, what (if any) recourse do I have through the Australian Domain Name register to nab the url?

    or ..Should I take bizname.net.au and keep an eye out for the .com.au lapsing?

    or Should just come up with a new biz name ????

    (Why, or why would someone register a URL before registering the biz name…gees!)

    Thanks in advance

    Nicole.

    #1177782
    bb1
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    The problem I can see if you go for bizname.net.au, when you tell someone or they see your business, the first thing they will do is type in bizname.com.au, and currenty it will come up with the parked business website. Unless they really think about it, they will just assume that you don’t have a website, or worse still you have shut down.

    Some may google you and come to the right place, but most people will just type bizname.com.au.

    My view only

    #1177783
    ThexArm
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    You may approach the owner of the bizname.com.au to check if they want to sell that domain! It’s a business in .com domains but I don’t know about Australian domains.

    #1177784
    BlackCoffeeComms
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    Yeah, that was my thought, that the biz.net was a bad idea!

    I don’t think it is someone that wants to flip the URL – I have googled the owner of it and she is a sole trader…

    Gah…I guess I could always just go for another name!

    Thanks all

    #1177785
    Anonymous
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    BlackCoffeeComms, post: 206952 wrote:
    Hi all..looking for some advice. I want to register a business name for a side biz, but have encoutered an issue

    The biz name I want is available, but the url…bizname.com.au is not (but says the website is coming soon…)

    It seems to be owned by someone in Melbourne who has taken down all her social media pages and has another URL in her actually name that is also parked. (both registered through GoDaddy).

    Couple of questions…if I register the biz name, what (if any) recourse do I have through the Australian Domain Name register to nab the url?

    or ..Should I take bizname.net.au and keep an eye out for the .com.au lapsing?

    or Should just come up with a new biz name ????

    (Why, or why would someone register a URL before registering the biz name…gees!)

    Thanks in advance

    Nicole.

    I think people register URLs on the assumption of being able to resell or because they want the name for a future business/idea and they want to get it before someone else. There is also alot less paperwork in getting an URL than a business name. It is a cheap but not necessarily secure way of blocking access to a name.

    However, the only secure way of obtaining and retaining a name is by way of trade mark registration. Note I am not an expert but this is what I have learnt. There is also a difference between trade mark and registered trade mark.

    In my case I was using a name in an informal way over a number of years. Whether deliberately or accidently someone else registered the name as a business name.

    For various reasons I subsequently registered the name with IPAustralia. I then wrote to the owner of the business name and asked to buy it from them while pointing out the history of my use of the name as well as IP ownership. The owner never responded.

    I subsequently wrote to ASIC and requested they cancel the business name on various grounds including ownership of the registered trademark and the current business owner not actually trading with, or using the business name. I won’t go into the inefficiencies ASIC but with a bit of pressure (or maybe I was lucky) the agency cancelled the business name registration despite a current moratorium on the cancellation of business names.

    If you are serious about needing an retaining the name then you need to register it through IP Australia. It will cost about $750 and take about 6 months. (This is for Australia only).

    #1177786
    MyGreatIdea
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    Myself, I’d go for another name.

    Put all that time and energy into getting the new business up and running, rather than messing around chasing a name.

    While the name may be clever/descriptive/unique it will be your branding that people will remember. Lol no-one will even know the name you really wanted !!

    Wendy :)

    #1177787
    Jason@Plumsale
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    You are not meant to register a .com.au domain unless you have a business name or a product that reflects the domain name. If you feel this person does not, you can lodge a complaint with http://www.auda.org.au/policies/audrp/ . I have not had to do this in the past so I am not sure what the process or turn around time is.
    As was mentioned earlier it is easier to start with a name and domain that has not been squatted on.

    #1177788
    Anonymous
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    Jason@Plumsale, post: 207104 wrote:
    You are not meant to register a .com.au domain unless you have a business name or a product that reflects the domain name. If you feel this person does not, you can lodge a complaint with http://www.auda.org.au/policies/audrp/ . I have not had to do this in the past so I am not sure what the process or turn around time is.
    As was mentioned earlier it is easier to start with a name and domain that has not been squatted on.

    It is not an obligation to to have a registered business name in order to apply to have a com.au domain. However there is a strict framework on what can and cannot be accepted. See Schedule C of AUDA policies. As mentioned above you may have grounds to complain.

    Many domain providers however are fully unaware of the AUDA framework and will only let you register if you have a registered business name at the time of applying. I requested AUDA contact the domain provider to explain policy and accept my application as in my case I have a registered trade mark.

    Agree with previous posts it is easier to go with a name/domain that has not been squatted.

    #1177789
    Jason@Plumsale
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    B-M, post: 207133 wrote:
    It is not an obligation to to have a registered business name in order to apply to have a com.au domain. See Schedule C of AUDA policies.
    .

    Sorry I should have been more specific.

    By Business name I meant
    a) an exact match, abbreviation or acronym of the registrant’s name or trademark; or

    By product I meant
    b) otherwise closely and substantially connected to the registrant, in accordance with the categories of “close and substantial connection” set out in the Guidelines on the Interpretation of Policy Rules for the Open 2LDs.

    The close connections set out in “Guidelines on the Interpretation of Policy Rules for the Open 2LD” are a product, service, event, activity, venue or profession

    Or did you gain your domain based on Monetisation, which does not apply here as there is no content on the site to indicate this was the case.

    #1177790
    IncredibleCo
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    The easy answer and obvious one is to just come up with a new name.

    And I’d recommend that too! :)

    #1177791
    Anonymous
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    Jason@Plumsale, post: 207135 wrote:
    Sorry I should have been more specific.

    By Business name I meant
    a) an exact match, abbreviation or acronym of the registrant’s name or trademark; or

    By product I meant
    b) otherwise closely and substantially connected to the registrant, in accordance with the categories of “close and substantial connection” set out in the Guidelines on the Interpretation of Policy Rules for the Open 2LDs.

    The close connections set out in “Guidelines on the Interpretation of Policy Rules for the Open 2LD” are a product, service, event, activity, venue or profession

    Or did you gain your domain based on Monetisation, which does not apply here as there is no content on the site to indicate this was the case.

    Apologies, perhaps my post came across as being a correction which was not intended.

    My post is based on, and limited to my experience in registering a com.au domain using a registered trade mark as the domain name. The trade mark is registered in my name and denotes my hobby, and possible future business.

    Cheers

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