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A Case Study: Avoiding A Costly Mistake - IP Australia



Trademark Heaven demonstrates how to avoid a costly mistake.

Founded by (name removed) in order to connect journalists with potential sources, an Australian business is an excellent example of a common misconception that is a costly mistake. The founder explained to IP Australia: "When I first started business I thought registering my domain name would be enough, but I soon realised that it would not protect me if someone else wanted to use the same name. All I'd done was secured the web URL. This meant I needed to register the trademark for my business. I used a Trademark Attorney to manage the process, who could determine the right class under which to register the trademark".

Soon after the founder launched the business nationally, it was decided to expand globally. But it was soon discovered that a martial arts studio owned the domain name (.com) and the founder had .com.au.

Thankfully, the founder had not sought to register the trademark in any international markets, so the founder could register the trademark internationally without any opposition. The founder also managed to buy the .com domain from the studio as well.


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