Business name rejected - domain to similar to another trading name

[Shane]

Over the last few weeks I've started registering trading names and trademarks for some of my more profitable websites, mainly just for the added security and protection.

I tried to register one such trading name yesterday and it was rejected. I won't mention the actual name, but it was a generic two word name.

I tried to register "word1 word2" which was refused, so then I tried "word1word2.com.au" which was also refused.

The reason given was that another business has the trading name "word1's word2 word3". This other business does not have their domain as a trading name.

I tried to argue that just because my domain contains similar words to another trading name shouldn't mean that I can't register my domain as a trading name, but even after putting me through to someone more senior they wouldn't budge.

Has anyone else experienced something like this? It seems ridiculous to me. They said that I could lodge a written appeal, but also added that their decision would by unlikely to change.

The other company don't have a trademark over the name, so I lodged an application yesterday.

I hate dealing with government departments!

 

[Data Glasses]

I once tried to register 'fartarse' ..........rejected

 

[FirstPageResults]

Regarding the domain name as a business name, Erhan gave me the heads up on that once.

If you go into the office with the domain certificate you'll have a much better chance than doing it online.

 

[Cooper Mills DomainLawyer]

Hi Shane unfortunately they get a little fussy when registering domain names, in particular the online tools, which spit out mad decisions. I find that it helps to go to your local business name office with proof of ownership of the domain name and deal with a real person - usually you can swap the order of words (where you are dealing with generic words) to get registration.

I personally recommend registering trade marks for valuable domains / brands, they give good protection, but on the flip side the cost is more significant. The TM office now ask you to verify that you own a domain name before you try and incorporate it in a TM application.

 

[Shane]

If you go into the office with the domain certificate you'll have a much better chance than doing it online.

Hi Shane unfortunately they get a little fussy when registering domain names, in particular the online tools, which spit out mad decisions. I find that it helps to go to your local business name office with proof of ownership of the domain name and deal with a real person

That's exactly what I did. In Qld it's a requirement that you provide the domain registration when registering a trading name that includes a dot com. In the office they said it should be okay, but they called me later in the afternoon and said it was a no-go.

I've applied for a trademark which incorporates the words as well as the logo, so I imagine that will go through okay from prior experience.

It's all part of the fun I guess...

 

[Oz.]

I was able to do it online, but I had to mail in proof of domain ownership. Whois printout etc.
So yeah, may as well just do it at the office I guess.

 

[Bacon Farmer]

...so then I tried "word1word2.com.au" which was also refused.

I attempted this about a year ago in person in Sydney but they said they don't allow .com.au to be tacked on anymore.

 

[segator]

If you are located in Sydney, the Office of fair Trading actually does not require you to register a domain name providing sales are only online; it automatically recognises the domain name as a business entity read here ...
Extract from http://www.fairtrading.nsw.gov.au/Factsheet_print/Businesses/_Business_names.pdf
""Trading on the internet
If your business trades only via the internet you do not have to register and display a business name in New South Wales"

 

[Shane]

That's interesting Segator.

I just checked the Qld rules and unfortunately we don't get the same benefit up here.

 

[Timmy]

Could you put WWW.word1word2.com.au? LOL