Hi David,

Yes I know, that's not the point.

The point is they are issuing a license to use a word that may already be
protected, or restricting the sale of intellectual property.

You don't actually need to register the trademark, it's only to save you
court costs in the future if anyone was to use it, if you can prove you were
using it before anyone else you can still claim ownership to it.

You will have notice that a trademark can be described like so;

- MYSECRETWORD (TM) - this is an unregistered mark
- MYSECRETWORD (R) - this is a registered and approved trademark

The IP Laws recognise an unregistered trademark.

My point, does auDA have the right to issue a license to a mark that is
already protected even if it is the trademark holder?




> -----Original Message-----
> From: dns-bounces+charlie=mccormack.net.au§dotau.org [mailto:dns-
> bounces+charlie=mccormack.net.au§dotau.org] On Behalf Of David Keegel
> Sent: Wednesday, 19 July 2006 7:48 PM
> To: .au DNS Discussion List
> Subject: Re: [DNS] Secondary Market
> 
> Charlie,
> 
> A trade mark is still only protected in whichever of the 45 classes
> of goods and services that mark was registered.  (The classes roughly
> correspond to fields of endeavour or industries.)
> 
> See http://www.ipaustralia.gov.au/trademarks/apply_classes.shtml
> 
> On Wed, Jul 19, 2006 at 04:32:39PM +1000, Charlie McCormack wrote:
> > You are referring to a product or process, not a word or series of words
> as
> > a mark, there is a big difference.
> >
> >
> > > -----Original Message-----
> > > From: Kim Davies [mailto:kim§cynosure.com.au]
> > > Sent: Wednesday, 19 July 2006 3:31 PM
> > > To: Charlie McCormack
> > > Cc: '.au DNS Discussion List'
> > > Subject: Re: [DNS] Secondary Market
> > >
> > > Of course they do. A trademark is a defensive right that allows a
> > > trademark holder to prevent other parties from passing off using the
> > > same distinctive properties of the trademark in a specific field of
> > > endeavour. It does not entitle the trademark holder automatic
> ownership
> > > rights to anything with the trademark in it.
> 
> __________________________________________________________________________
> _
>  David Keegel <djk&#167;cybersource.com.au>  http://www.cyber.com.au/users/djk/
>  Cybersource P/L: Linux/Unix Systems Administration Consulting/Contracting
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