mysuper
- Thread starter domain
- Start date
domainlover
Top Contributor
i think it all depends on whether these super changes are all adopted and whether the govt calls its no frills super by that name. I also picked up mysuperonline.com.au the other day. By the way i noticed somebody applied for the trademark mysuper to try to cash in as well.
yes, i saw the trademark as well - that will be interesting.
I have had the domain for about 4 years now, but its only recently that I have been having some crazy offers so I did some research to find out why and that is when I read about all the super changes.
time will tell...
I have had the domain for about 4 years now, but its only recently that I have been having some crazy offers so I did some research to find out why and that is when I read about all the super changes.
time will tell...
Australian Adult
Regular Member
A question :
If you have owned the domain for a period of time.
Can someone register a trademark and take it off you ??
Im not saying they can, i'm curious for the answer..
If you have owned the domain for a period of time.
Can someone register a trademark and take it off you ??
Im not saying they can, i'm curious for the answer..
domainlover
Top Contributor
if you had the domain name registered prior to the trademark registration you are almost always ok unless they can prove very very extensive use of the term and prove that you were probably aware of their common law rights and registered the domain name to profit at their expense.
Australian Adult
Regular Member
No Worries thanks for the reply
Honan
Top Contributor
Considering the government is now running prime time television advertsing for MySuper, I think this domain name is worth $100,000
I have no idea how you sell a domain to a federal government department though
Maybe you need to employ a lobby firm in Canberra
Now is defintely the time to sell it before they start using some RS URL
Lorenzo
Top Contributor
Yes, they can.
domainlover
Top Contributor
Very very slim chance that you will have a trademark problem with a domain that was purchased 4 years ago because this trademark lodgement happened last month and the registration of the domain mysuper.com.au 4 years ago could not have been infringing on the rights of a non existent trademark at that time. The person who has now lodged this trademark request would need to prove very extensive common law usage rights dating back more than 4 years for the term mysuper which on the surface is very unlikely as they are probably just trying to cash in on these mooted government super changes.
Lorenzo
Top Contributor
They have a TM, the Registrant does not.
I would not be so confident. He needs to be careful at what he does with the domain.
domainlover
Top Contributor
guys he has only just applied for the mysuper trademark and does not have a registered trademark as it hasnt even begun the examination period yet so it may not even be granted.
djuqa
Top Contributor
Exactly!!
I recently was refused a trademark and I have owned the matching .com.au for 5 years
The status is Indexing Approved. 9 out of 10 the TM will be granted. (Providing no one contests it. And even then it would be hard. Because TM is about who applied for it first. Not how long you have been operating with that name. Obviously there are some exceptions.)
So if someone is thinking of contesting it, now might be the time.
shags38
Top Contributor
I agree with hadhad - it will be even worse if you have not actually used the domain name as an active website "actively" involved in superannuation.
I have recently had two (2) trademark applications rejected, based on "use" issues of the names - it can be a minefield.
Talk to a Trademarks lawyer.
I have recently had two (2) trademark applications rejected, based on "use" issues of the names - it can be a minefield.
Talk to a Trademarks lawyer.
snoopy
Top Contributor
Personally I would see this name as mainly being about traffic at this point, it will be a good name to park but I don't think it will go much beyond that, assuming the govt sets up mysuper.gov.au (likely) I don't think commercial entities of any size will not want a domain that is to be confused with it, even though they may offer the product.
Wouldn't be concerned with anyone gaining trademarks now (aside from the govt), no chance of those marks being accepted in my view.
Wouldn't be concerned with anyone gaining trademarks now (aside from the govt), no chance of those marks being accepted in my view.
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