Registered trademarks that aren't registered

[Who Me]

If Company A is using a name on their website with the registered
trademark symbol and doesn't appear to have that trademark registered
from a search conducted at
http://pericles.ipaustralia.gov.au/atmoss/Falcon_Users_Cookies.Run_Create
and I would like to use that same name for a product, do I simply go
about registering the trademark, and then sue them for infringing on the
trademark once it's approved?

They're also using the name for their domain name (.com.au) so
presumably they have a business name registered for that (it's not the
company name, and I can't find a registered business name for it) or
have got past the auDA .com.au rules some other way.

Thoughts?

Who.

[Heretic]

On Tue, 05 Jul 2005 10:14:42 +1000, Who Me wrote:

> If Company A is using a name on their website with the registered
> trademark symbol and doesn't appear to have that trademark registered
> from a search conducted at
> http://pericles.ipaustralia.gov.au/atmoss/Falcon_Users_Cookies.Run_Create
> and I would like to use that same name for a product, do I simply go
> about registering the trademark, and then sue them for infringing on the
> trademark once it's approved?

You could test that by trying to register the TM.
>
> They're also using the name for their domain name (.com.au) so
> presumably they have a business name registered for that (it's not the
> company name, and I can't find a registered business name for it) or
> have got past the auDA .com.au rules some other way.

You could test that by trying to register the BN.

[chaliban]

Even though the mark is not registered there is still "passing off" and
misleading and deceptive under the TPA to consider (if applicable).

[Ernest]

On Tue, 05 Jul 2005 10:14:42 +1000, Who Me <yeah.right@as.if.c0m>
wrote:

>If Company A is using a name on their website with the registered
>trademark symbol and doesn't appear to have that trademark registered
>from a search conducted at
>http://pericles.ipaustralia.gov.au/atmoss/Falcon_Users_Cookies.Run_Create
>and I would like to use that same name for a product, do I simply go
>about registering the trademark, and then sue them for infringing on the
>trademark once it's approved?
>
>They're also using the name for their domain name (.com.au) so
>presumably they have a business name registered for that (it's not the
>company name, and I can't find a registered business name for it) or
>have got past the auDA .com.au rules some other way.
>
>Thoughts?
>
>Who.
>
>
>
A lot would depend upon where the business is registered
and if they have any affiliations with other companies. It
may well be that the trademark is registered overseas and
the company name could be registered in a different state
to yourself. You could try registering them and see what
happens.


Deadly Ernest

@bywater.net.au

(my new keyboard, with small keys,
accepts full responsibility for all
typographical and spelling errors)

[Rod Speed]

Who Me <yeah.right@as.if.c0m> wrote in message
news:42c9d121$0$25125$5a62ac22@per-qv1-newsreader-01.iinet.net.au...

> If Company A is using a name on their website with the registered trademark
> symbol and doesn't appear to have that trademark registered from a search
> conducted at
> http://pericles.ipaustralia.gov.au/atmoss/Falcon_Users_Cookies.Run_Create and
> I would like to use that same name for a product, do I simply go about
> registering the trademark, and then sue them for infringing on the trademark
> once it's approved?

Wont succeed.

> They're also using the name for their domain name (.com.au) so presumably they
> have a business name registered for that (it's not the company name, and I
> can't find a registered business name for it) or have got past the auDA
> .com.au rules some other way.

> Thoughts?

Give up.

[V©]

Nope.

If they were using the so called trade mark before you registered it then
you may fail in your quest.

Even if worse came to worse you would need to ask them to stop using it
first. in otherwords inform them of there wrong doing.


"Who Me" <yeah.right@as.if.c0m> wrote in message
news:42c9d121$0$25125$5a62ac22@per-qv1-newsreader-01.iinet.net.au...
> If Company A is using a name on their website with the registered
> trademark symbol and doesn't appear to have that trademark registered from
> a search conducted at
> http://pericles.ipaustralia.gov.au/atmoss/Falcon_Users_Cookies.Run_Create
> and I would like to use that same name for a product, do I simply go about
> registering the trademark, and then sue them for infringing on the
> trademark once it's approved?
>
> They're also using the name for their domain name (.com.au) so presumably
> they have a business name registered for that (it's not the company name,
> and I can't find a registered business name for it) or have got past the
> auDA .com.au rules some other way.
>
> Thoughts?
>
> Who.
>
>
>
>