The answer to this question is whether the matter is brought by court or adr.

If bought by adr the prior use prior to trade mark would be enough to retain it.  Such as the business application.  

If brought in a court under the trade mark act for infringement then prior use as a trade mark (prior to the trade mark registration) must be proven which can be difficult.  A registered trade mark is prima facie evidence of ownership.  Any challenging domain holder must establish that it had a significant business presence in the mind of the consumer in Australia or say the US.  This would require the provision of survey evidence etc.

Bottom line is if you own a valuable domain you would be taking a risk not to register the trade mark.  For example absolute (TM) for absolute.com.au and maybe the trade mark  absolute.com.au (TM) if you want to use this as a trade mark.  Prudent to do both.  

As for cost $420 trade mark office fees and about $500 per class in legal service fees.  The range goes from about $500 to over $1000.  The trade mark lasts for 10 years but you have to get the thing through the office which is near impossible for a generic mark.  Unless you have a talented lawyer.  The same generic block is applied to domain names which are assessed in the word prior to the .com or .com.au would be extremely difficult to get through the trade marks office without using a talented practioner.



> Phil,
> 
> > Which "Governing body" do you refer?
> 
> I was referring to auDA, but now I see that there can be many and I 
> suppose the question is who takes precedence (?).
> 
> What it comes down to is does a domain registrant have any protection 
> if somebody goes out and decides to register their domain name as a 
> trademark.
> 
> Ian
> 
> 
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Kind regards

James Guy

Principal
Guy & Associates
      Solicitors & Trade Marks Agent

Level 25 Optus Centre
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Melbourne
VIC 3000
AUSTRALIA

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