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Trademark - Company Name Already Registered?

Discussion in 'Intellectual Property Law Forum' started by TRAVISTRAV, 23 May 2014.

  1. TRAVISTRAV

    TRAVISTRAV Member

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    I want to start a company called "ONE WORLD". The company name I want is already a registered company as ONE WORLD LTD.

    To the public they are known and advertised as "PAY A SACK FORWARD", nothing to do with ONE WORLD. Is there any way I can trade as "ONE WORD" ?

    Or can I register the business "PAY A SACK FORWARD" or trademark "PAY A SACK FORWARD" as neither of this has been done then threaten legal action against them for using my business name and trade mark and negotiate with them that I will have ONE WORLD and not take any legal action against them for them using my business name and trademark?

    Thanks
     
  2. John R

    John R Well-Known Member

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    Hi Travistrav,
    An ASIC database search reflects one identical registered company name and two similar registered company names to "ONE WORLD". This means that you will likely be unable to register "ONE WORLD" as a company name or business name in Australia.

    An IP Australia trade mark search also reflects that multiple "ONE WORLD" trade marks are currently registered under various classes, including the notable "One World" airline alliance under Class 39 (that Qantas, American Airlines, Cathay Pacific, etc. are a part of)

    In addition:
    1. A company name or business name does not need to match a trade mark. For example, you might register a company name - ABC Pty Ltd that owns and uses the trade mark "XYZ" for a product/service.
    2. Unless you can identify a trade mark Class/es that appropriately distinguish your "ONE WORLD" goods or services, you may want to consider an alternate name.
    3. section 92 of the Trade Marks Act 1995 (Cth) covers the removal of trade marks where there is a lack of "good faith" intent to use the trade mark. This may cover examples where a business offensively registers the common law (unregistered) trade mark of another business to negotiate with them, etc.
    You may consider reviewing the IP Australia website for further trade mark information.
    If you are looking for more detailed information, the IP Australia Trade Marks Examiners Manual is a great resource too!

    Hope this helps. All the best with your new business.
     
    DennisD likes this.

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