Trade Marks and Domain Names: Protection and Registration, Slides of Fundamentals of E-Commerce

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Trade Marks & Domain Names

Trade Name Protection

The right to use a name to seel goods isprotected by:

Trade Marks Act
Law of passing off
These have geographic limits

Registration
Must register trademark with government
Registrar checks application for compliance
Others can object
Procedure set out in F & Q p 222
Registration is restricted to specified classes ofgoods (34) and services (8) as nominated byapplicant
Application must describe specificgoods\services in each class

Registration
Applicant is granted monopoly rights duringperiod of registration
Rights are limited to Australia
Registered for 10 years
Registration can be extended
Owner must continue to use trademarkotherwise can lose right to trademark

Domain Names

Every server on the web has a UniformResource Locator (URL)
Consists of 4 octets e.g. 125.125.125.
Domains names are used as numbers aredifficult to remember
Domain names are mapped to URL’s
Domain names have no geographic constraints
One name can cover all goods and services
Domain name can only be used by one person

Domain Names (cont.)

Consist of

Country code top level domain name (ccTLD)
Generic top level domain name (gTLD)
Second level domain name
Can be prefixed by server name
E.g.

www.microsoft.com
scaleplus.law.gov.au

Domain Names (cont.)
In USA, Administered by ICANN
Names registered on a “first come first served”basis
No proprietary rights in domain name
Domain name can be suspended, cancelled ortransferred pursuant to ICANN DisputeResolution Policy

Domain Names (cont.)
Applicants must state that

Registration does not infringe third party rights
Courts of applicant’s domicile will adjudicatedisputes
Disputes

Originally settled by courts
Now, applicants submit to ICANN’s UniformDomain Names Dispute Resolution Policy